Company Rules Research Opportunity

The business information plays a key role in the development of corporate business and the opportunity based on the business information contains great value for the company. Therefore, those who hold the opportunity would be beneficial when they use the valuable opportunity. But for the directors of the company, who bear a fiduciary duty for the company, they have to put the benefit of the company in the first place and shall not steal or usurp the opportunity for his own benefit. This rule is the corporate opportunity doctrine, which has developed for hundreds of years in common law system but just7years in PRC. It is rewarding to make a study in this doctrine where rich experience of practice of this doctrine in common law system may propose some effective suggestions for the current poor practice of this doctrine in PRC and shed some light on its understanding by the theory of civil law system. This thesis contains for chapters.In the first chapter, through comparing the different development histories of corporate opportunity doctrine in different countries, the author figures out the landscape of the corporate doctrine from its origination and development across different legal systems and different countries.In the second chapter, the author makes a study on the theory of corporate opportunity doctrine and analyzes the character of the corporate opportunity and the relationship between the director and the company. In the third chapter, the author analyzes the practice of the corporate opportunity in UK and US, which indicates the different understanding for the corporate opportunity doctrine in different context.The fourth chapter, after comparing the different practice and understanding of the corporate opportunity doctrine, with consideration of the present PRC circumstances, the author propose some suggestions for the legislation development of the corporate opportunity.