Study On The Duty Of Prohibition Of Business Strife

As time change and economic’s development, the modern society gose to a certainextent, which is the company’s society and social life that an important part is the variouscompanies. The company’s system for the rising of social development and economicprosperity make enormous contribution. The company and the increase of number ofmultinational companies greatly prospects for the development of the company system ofmodern society that has become the most important form of economic organization. In thecompany’s process, the protect of secrets of efficiency and order is very important,and how tomaintain is a problem of the efficiency of personnel management, and how to maintain order,we should study the issue of law.The company’s order is reflected in many aspects, the law on many of its provisions.Here, the author will for company directors duty of prohibition of business strife is discussed.Duty is the law entrusts with the compulsory subject cannot the responsibility of shirk,obligations must perform its obligations, and the duty of prohibition of business strife is thecompany directors and other senior management personnel of a very important obligation ofdirectors, executives only fulfill good duty of prohibition of business strife can effectively forthe company’s development and make its own contribution, so duty of prohibition of businessstrife is capable of good corporate development is an important guarantee.This paper is divided into three parts. The first part, through the" Wang Xin sues LuoJun" derivative case directors violates the obligation of prohibition of business strife problem,the problem in reality it is often seen., therefore I chose" Wang Xin sued the Los." the typicalcase analysis. Among them, the case out of three questions: first, whether the prohibition ofbusiness strife for directors, its specific how to judge? The law of our country is how to set?Second, some directors default other directors violates the obligation of prohibition ofbusiness strife, this default behavior has no effect? If having effect, that the directors violatesthe obligation of prohibition of business strife is established? In third, our country regarding the prohibition of business strife obligation have the place that is worth to discuss? Thesecond part, the duty of prohibition of business strife to conduct a comprehensive analysis.This part includes the duty of prohibition of business strife, the concept of duty of prohibitionof business strife, the theoretical basis of the obligation of prohibition of business strife andthe classification of its constituent elements, our country on Prohibition of business strife inviolation of provisions, the obligation of prohibition of business strife should bear theconsequences. The third part, in view of the present problems. Through the case presents thefirst question, from the subject, object, subjective, objective four respects are identified thebreach of duty of prohibition of business strife; second the key of the problem is the defaultbehavior for others to violate the prohibition of business strife that whether has the effect, thiscan be analyzed from a legal point of view; third issues is our country ’s duty of prohibition ofbusiness strife is insufficient, how to improve China’s laws on Prohibition of business strifeobligation, the author gives some suggestions, including: expanding the scope of subject ofprohibition of business strife, the introduction of criminal responsibility system, the" ban" theunified definition, definition of " consent" range, on the promise of prohibition of businessstrife specific provisions are prohibited.The directors may represent the company ’s decision-making mechanism and actuator,for the company’s importance is self-evident, how to manage good directors, how to make theboard to fulfill the obligation of prohibition of business strife, the improvement of China’smarket economy order is having crucial effect.