On The Legal Regulation And Restriction Of The Self-dealing Among The Director And The Company

6In modem company, the ownership and the control power are separated day by day, and the director's functions and powers expand sharply. The board of directors has already become the center of the company administration structure in fact. As inside members of the company, the director's individual interests in the company and the company's whole interests are unanimous. However, dealing will often take place between the company's director and the company in practice. This is the self-dealing among the director and the company. In the self-dealing, company's director and company have different interests orientations, and both parties are in opposite state, even have an interests conflict. How to make the self-dealing undergoing toward helping the interests of the company and the shareholders under the frame of law, and prevent director from taking advantage of his position and power to harm the interests of company, this is the main purpose and aim of this text to research.This text includes foreword, text, conclusion, and the text part is divided into four seals again.Foreword begins with the modern company governance structure issue and points out the meaning of the director, who is in the center status of modern company administration structure, positively fulfilling obligations to ensure the company high-efficient working.Chapter one is mainly on the study of the director's faithful obligation. As the regulation and restriction of the self-dealing is a concrete obligation of the director's faithful obligation, so this chapter proceeds from the director's legal status in the company at first, then carries on the discussion to the theoretical foundation and the concrete contents of the director's faithful obligation.Chapter two is mainly about the study on some basic theoretical problems of the self-dealing among the director and the company. The author works over the production reasons of self-dealing at first, then summarizes the meaning, kind and characteristic of it, finally analyzed the jurisprudence foundation of the company law which carries on the legal regulation and restriction on the self-dealing.Chapter three focuses on the research of the foreign legal regulation and restriction systems of the self-dealing. This chapter studies on the legal systems of several countries, and has summarized and appraised to the legislative characteristics of each country separately. The...