Research On The Judgment Of China’s Corporate Opportunity Doctrine

In the era of today, the market competition is becoming increasingly fierce, the competition of business opportunities is particularly important, the company may not only deal with external market competitors on business opportunities in the competition, but also prevent the manager inside the company to usurp this business opportunities which belongs to the company. As a result, the corporate opportunity doctrine came into being. Since 2005 China Company Law has introduced the Corporate Opportunity Doctrine. The expression of regulations is not clear enough to solve many practical problems for judicial organs.From judicial point of view, This article make a comprehensive collection and analysis of all judicial precedents focused on usurping company opportunity over 10 years from 2005 to 2015 in macro and micro, and make a in-depth discussion based on the three aspects of corporate opportunity doctrine,behavior cognizance and the legal relief.This paper is divided into three chapters. The first chapter is through information statistics of judicial cases over 10 years, to understand the current judicial situation of usurping company opportunities,as a general understanding of the overall direction of the trial. The second chapter begins with typical cases from the corporate opportunity doctrine, make an analysis about trial results in conflict cases by comparison. The second chapter is divided into three subjects, includes the more controversial points of the obligations entity, behavior regulations and legal relief, have a preliminary understanding of the judgment thoughts and reasons for different cases The author use the corporate opportunity justice of American law as a reference, combined with the problems in second chapter, try to put forward the improvement suggestions for trial ideals, considering factors and way of legal relief.Corporate opportunity from the literal are relatively easy to understand, but in the form of specific cases is vastly different to define. The complexity of such judgment is, in virtue of lack of uniform standards for the trial, it is difficult to form a comprehensive trial ideas and consistent results in different cases, which is indeed an embarrassing situation. This kind of phenomenon, hinders the application of the corporate opportunity doctrine. Therefore, trial thoughts and reference factors are the problems that must be solved. In combination with the judicial cases, and considering the theory and practice, it is hopeful to explore a right path of judgment, which will provide a reference for future judicial trial.