The Definition Of Corporate Opportunities

Corporate opportunity doctrine appeared in Anglo-American countries,which is the legal norm between company and agents with loyalty to the company based on corporate opportunity.As a product of following by legislation,corporate opportunity doctrine in our country's company law is too simple,general,and its rules of the judicial practice are not optimistic,the key obstacle is that it's difficult to define corporate opportunity.To define corporate opportunity is practical to define its legal concept.According to the language logic,connotation and denotation are the two starting points to define corporate opportunity,which connotation is the foundation of denotation.According to this,on the basis of comparative analysis,empirical analysis,value analysis,this paper argues the theory of the property interest is corporate opportunity's connotation,and expounds corporate opportunity's denotation is determined by the identifying standards of corporate opportunity.Through the comparative analysis of general identifying standards and preclusive identifying standards in British and American,this paper put forward some ideas of define our country's corporate opportunity in the legislation.Paper should include:the introduction part,it briefly states the status quo of corporate opportunity's protection in our country and points out that defining the corporate opportunity is the premise of implement of corporate opportunity doctrine.The main body paper is divided into four chapters.Chapter 1 is the overview of corporate opportunity doctrine.This chapter first introduces the overview of corporate opportunity doctrine,and then,the third section expounds defining corporate opportunity should start from the connotation and the determination of denotation,which the connotation is the nature of theory and the determination of denotation is the identifying standards of corporate opportunity.This chapter suggests that connotation and denotation are interrelated.Chapter 2 is corporate opportunity's legal nature of theory.The corporate opportunity's legal nature of theory is the corporate opportunity's connotation.This chapter comparative analysis of nature of intangible property theory in British and American national,Chinese scholars propositional the property interest attribute,expectations right attribute,the special rights attribute on company law.This chapter uses the value analysis of opportunity cost and the expected return,it thinks the connotation of the corporate opportunity should be property interest attribute,and it also thinks that the nature of property interest is the foundation of the determination of denotation of corporate opportunity.Chapter 3 is the judicial practice of defining corporate opportunity in British and American national.The general identifying standards and the preclusive identifying standards determinate the corporate opportunity's denotation.On analysis the common cases,this chapter introduces the British and American national's identifying standards of corporate opportunity at length.Then it thinks the identifying standards should keep a foothold between company and agents.Chapter 4 is recommendation how to define our country's corporate opportunity in the legislation.Through the above discussion,this chapter thinks our country need the judicial interpretation,which is made by the supreme people's court,to provision the corporate opportunity's connotation and denotation.Combined with the nature of property interest,this chapter put forward the principle for defining corporate opportunity.This chapter requires the corporate opportunity's nature of property interest should be cleared in the judicial interpretation,at the same time,line of business shall be combined with Ban position as the identifying standard in order to define our country's corporate opportunity,which should be stipulate in the judicial interpretation.It also claims each case of defining corporate opportunity should need rational the involvement of a third person.