| With the thriving development of the market economy in our country,the number and scale of China’s corporate enterprises are constantly growing.The rapidly developing economic market has put forward higher requirements for the operational efficiency of our company enterprises and stronger challenges for the survival environment of company enterprises.Therefore,in the face of director self-dealing,companies will tend to accept director self-dealing out of the consideration of reducing transaction costs and enhancing company efficiency.However,there are potential risks in director self-dealing,as the two parties of the transaction have conflicting interests and the directors may use the transaction to harm the company’s interests for their own benefit.Therefore,directors’ self-dealing needs to be regulated by law.On the one hand,it should not be strictly prohibited,but a balance should be found between transaction efficiency and transaction security,and a suitable regulation model should be set so that the director self-dealing system can operate under a standardized and safe procedure and supervision.On the other hand,the advantages of directors’ self-dealing should be given full play,and through a reasonable regulation model,it should give full play to the advantages of improving efficiency and saving costs,so that the directors’ self-dealing system can play a benign role in the market economic system and positively stimulate economic development.Based on this,this paper puts forward personal legislative proposals for the directors’ self-dealing system based on the analysis and summary of relevant theoretical and practical issues.Except for the introduction and conclusion,the whole paper consists of four parts.The first part analyzes the legal basis for regulating directors’ self-dealing,and clarifies the concept of directors’ self-dealing and related theoretical issues.The second part conducts an empirical study on the system of directors’ self-dealing and summarizes the practical problems of the system of directors’ self-dealing in practice.In the third part,the various regulatory models of directors’ self-dealing system are discussed,and a suitable regulatory path for directors’ self-dealing system in China is explored.The fourth part analyzes and elaborates on the current legislation on director self-dealing system in China,and seeks to propose reasonable legislative proposals for the construction of director self-dealing system based on the previous analysis. |
