US-Australian Company Law Obligations Of Directors Analysis And Implications For China

From the current social reality, the restriction on the behavior of the duties of directors, is one of the methods in the current study of company law is expected to avoid the illegal act. Therefore, more and more countries and regions begin to pay attention to the obligations of directors. But how to construct the content system of duties of directors, can with attentive duties of directors real constraint to the actions of directors, become a problem that the researcher tricky. The United States of America is a mature system of company law commercial state, its directors behavior although there are some differences with our directors, but they still exist many common. Australian company law of obligations of the directors, the characteristics is known, highlights and Australian company law in the subjective and objective combination of directors obligations criteria. Based on this, the American and Australian company law of obligations of the directors as our benchmark, absorbing different nutrient use compulsory to build the company law board, finally construct conforms to our country actual obligation of the company law board content system, make the corresponding contribution to improve the construction of our country’s company law obligations of directors.This study uses a combination of theory and practice methods, by using literature research method, comparative analysis method and case analysis method, so that the Institute might reveal problems using a variety of analytical methods, can be shown clearly, make the problem more thorough analysis, more targeted. The following questions, analyze problems, problem-solving ideas, venation skeleton constructed the whole research clearly, so that the whole structure of this paper is both clear and not deviate from the topic.The study of social reality from the current enterprise in China there are a lot of directors illegal, revealed the social background and the research significance. On the basis of literature research, the related literature at home and abroad company law of obligations of the directors were summarized and analyzed, on the basis of the study of the theory, explains the research methods and structure of this study clearly reveals, for the purpose of this study.In the US Australia company law of obligations of the directors as samples, makes a comprehensive analysis of the Australian company law of obligations of the directors, the responsibility and rights protection, so as to study existing company law obligations of directors in our country, analysis and comparison with China and the United States Australian company law of obligations of the directors, the Company Law Board of directors obligations outstanding problems in China and the Australian company law of obligations of the directors advantages, makes our country from the United States Australian director duty experience, and constantly improve our company law of obligations of the directors.The Australian company law of obligations of the directors were screened to determine the content system, content system is most suitable for China’s obligations of directors. On this basis, combined with the actual situation of the Company Law Board of directors obligations in China, a comprehensive and detailed planning of the company law of obligations of the directors. According to the company law of our country, the obligations of directors, have a definite object in view to put forward reference to the Australian company law, company law of obligations of the directors and combined with the actual construction of our country put forward the suggestions such as determined from America and Australia, increase scheme, the duties of directors, make overall planning director fidelity obligation standard, the protection of the legitimate rights and interests so, to promote the improvement of corporate law of obligations of the directors in china.This research theory system to improve as the support, combining the analysis of American and Australian company law case, both theory and practice of corporate law of obligations of the directors were studied systematically, constructs the research questions proposed system, analysis system, problem solving system three system, around the three big system to launch the analysis, thus show text structure more reasonable, the full reasoning, the strongest arguments, make sufficient practice to support the full theory.