Research On Judging Standards Of Directors' Duty And Diligence In China

Directors are diligent and obliged to regulate the performance of directors and pay attention to balancing the relationship between directors and the company.Although China currently stipulates that directors have the duty of diligence in the "Company Law",it has not solved the problem of how to judge whether the director's actions violate the duty of diligence.This article uses the methods of comparative research and empirical research to try to improve the judging standard of directors' diligence obligations in my country through the combination of theory and practice.The main structure of this article is composed of the following parts:The first part explains the basic theories of directors,diligence obligations and sources of directors' diligence obligations,and provides legitimacy for the source of directors'diligence obligations;the second part uses comparative research methods Analysis of the judgment standards of directors' diligence obligations in Japan and other countries,Through comparative research,it was found that these countries are based on objective standards and supplemented by "commercial judgment rules" and other systems to modify them,thereby developing judgment standards that meet the actual conditions of their countries.The third part uses empirical research methods to study the current situation and problems of the directors' diligence obligations in China,and finds that there is an increasing demand for perfect judgment standards for directors'diligence,obligations.3.Unclear definition of the types of directors' diligence obligations and lack of flexibility in judgment standards.These problems are likely to cause the waste of judicial resources and affect the credibility of the judiciary.Clarify the concept of diligence obligations,clarify the types of directors' diligence obligations,and use loose objective standards as the benchmark,and incorporate subjective aspects as amendments,in order to establish a rigid and soft director diligence obligation judgment standard,and finally achieve the adaptation of the system to reality.