Legal Regulation Of Company Opportunities

In today’s business world,opportunity is the equivalent of money and wealth.However, driven by the huge economic interests, the directors and executives who run for the interests of the company, the opportunity to usurp corporate opportunities for their own personal gain is more and more. Based on this, the Anglo American countries based on many cases have "usurp rules" to limit the company directors,executives "Sungongfeisi" behavior. The newly revised Company Law of the people’s Republic of China in 2005 introduced the rule,which is a duty of loyalty to the directors, and has great significance for improvement.The application of the corporate opportunity rules in practice is lack of independence, and in the judicial practice, it is not clear that the rules of corporate opportunity and the prohibition of business strife are not equivalent. There is a coincidence,but the company opportunity rules in the case of the company is more likely to be a special role to make up and supplement. On the nature of the corporate opportunity, scholars generally have rights and property, the company the opportunity to force into local ownership range down to discuss the familiar, is actually a misunderstanding of corporate opportunity and excessive interpretation. The purpose of the rule is to prevent conflicts of interest, then the company as a special opportunity to protect the interests of the need to.About the company opportunity rules,China’s current legislation only a few decades. Under the condition of insufficient theoretical support, the law of the cross has made many problems in judicial practice. In judicial practice, because the main body of the rules of corporate opportunity is only applicable to the directors and executives, it makes the other main body of the corporate governance structure to usurp corporate opportunities frequently,and can not be effectively regulated. As the standard of corporate opportunity core of the lack of uniform regulations, different judgments have occurred, also led to the company the opportunity to the high rate of appeal cases. The practice will be identified standards and exceptions of corporate opportunity rules is mixed in together,the directors and executives of defense and defense program disorganized clutter. Because the burden of proof leads to a low probability of success in the case of the company’s chances, even if the verdict constitutes usurpation, because the way of accountability is not clear, it is difficult to protect the injured company.This paper puts forward some pertinent suggestions on the basis of the system of opportunity rules in the common law system and the judicial practice of our country’s corporate opportunity cases. On the basis of a comprehensive, systematic and in-depth study on the rules of the system, the paper analyzes and judges the past cases. In order to enrich our country’s corporate opportunity cases of judicial work,improve the status of corporate governance in china.