On The Legal Regulation Of Directors' Minimizing Company Opportunity

Corporate opportunity is the opportunity which can be used to reach a deal or profits by companies, it needs to be protected as opportunity interest on the legal nature. In the process of the company’s operations, if the director usurp corporate opportunity which will lead to interest severely damaged, so our country should regulate these behaviors through the law. At present, China’s legal regulating of the opportunity to protect company is too abstract, as the way to judge director identity, the criteria to judge corporate opportunity, the director’s behavior, the justifications of directors are not mentioned in the law, the company’s relief ways are incomplete and lack of specific design. To resolve these problems, this article will base on the foreign advanced experience. Firstly, this thesis would use participative management principle and registration principle to judge the director identity, clear business standard as the core standards and type the behaviors of director; Secondly, analysis the justifications of directors.They can be divided two parts. One part is the company don’t have the ability of using the opportunity. The other part is the company has given up the opportunity.At last, make clear that the director who usurp the opportunity should undertake both the responsibility for breach of contract and liability for tort, increase the relief way such as take the trade to company and perfect the specific design of the right of recovery.