Applicable Research On Business Judgment Rules In Chinese State-owned Enterprises

Business judgment rules,also known as business judgment rules,are a case law developed and developed in the United States since the 19th century.Business judgment rule is if the directors,supervisors and other management personnel to make a decision when is well-intentioned,no concern,based on the reasonable data and it is for the company to act in the best interest of,so even if the business decision ultimately prove to be harmful to the company,do not have to be liable to the company.In the courts of the legislative purpose is to help enterprises represented by directors,senior management personnel in the daily operations of the business judgment fault brings to the enterprise loss when executives should take responsibility for this problem.This rule is referred to as "safe haven" of directors and other senior executives,it makes the enterprise represented by directors,senior management staff is no longer afraid of capital market risk inherent in the business,so that executives can own diligence obligation,no trouble back at home of do what needs to be aggressive management decisions.Although the corporate law and the company's own articles of association have stipulated the obligations of directors and other senior managers to the enterprise,the laws and regulations are not omnibus.Throughout the world's judicial practice,it is not uncommon for enterprises in the real world to make management decisions and bring huge losses to enterprises.Can say how to solve the enterprise of the negligence of the senior executives has become the countries an unavoidable problem in the judicial practice,and the connotation of the business judgment rule itself will help to solve this problem.Can we establish business rules in our country?Throughout our country's economic environment,and our country's economic strength and large gaps when compared with the United States,but with the development of economic globalization,senior executives in China face the opportunity and the challenge is no less than the developed countries.With the integration of the two law systems,the role of case law has been paid more and more attention in our country,and the law of business judgment has the legal environment rooted in our country.In fact,the judicial practice in our country has already gone ahead of the legislation,some of the judges have already quoted the business judgment in the judgment.Therefore,it is possible to establish business judgment rules in our country.The duty of diligence and duty of duty are stipulated in our company law,but the provisions on the duty of care are very abstract.Establish business judgment rule in our country not only fills the imbalance of the executive responsibility system in company law in our country,also let executives to own business responsibility have expect not for fear of liability and decision making.China's state-owned enterprises are different from general corporation with the aim to maximum profit,the main task of the state-owned enterprises is to ensure that the value of state-owned assets,the execution of the country's economic policy,ACTS as a barometer of national economy.However,China's state-owned enterprises management responsibility of the legislation is not perfect,there are shareholders fause,administrative intervention,such problems as lack of supervision,to establish the business judgment rule in state-owned enterprises on the one hand,help to change the present situation of the soes executive accountability for difficult,on the other hand is also beneficial to eliminate the phenomenon of "lazy" of state-owned enterprises,so in our country,establish the business judgment rule is of great practical significance.Business judgment rule to perfect our country the executive responsibility system of state-owned enterprises is of great significance to our country in judicial interpretation method is introduced into the business judgment rule is currently the most suitable for the practice of China's national conditions.Due to the particularity of state-owned enterprises,the burden of proof and the standard should be different.In addition,the content of the executive's duty of care is the premise of the existence of business judgment rules.In determining whether the state-owned enterprise executives can apply business judgment,cannot copy the law standard,should be to see if it has invested time and energy,the maximum to maintain the interests of shareholders and stakeholders,to know enough information and handled carefully,goodwill,and have started their professionalism.Responsibility and obligation should match,rich in diligence obligations as well as the judgment standard shall be respectively from civil,administrative and criminal this three aspects and improve our country the executive diligence obligations of the legal liability system.