Research On The Criteria For Judging The Diligence Obligations Of Company Director

In 2005,China’s Company Law introduced the directors’ duty of diligence,but the mere formulation of principles has led to the lack of specific judgment standards and definite review rules in judicial practice.In the Company Law of the People’s Republic of China(Draft Revision)announced by the Standing Committee of the National People’s Congress in late 2021,the directors’ duty of diligence was revised.How should the revised provisions of the duty of diligence be interpreted and whether the provisions relating to directors’ duty of diligence should be further enhanced.In the context of the amendment of the provisions on directors’ duty of diligence in the Company Law,this article is engaged in sorting out the criteria for judging directors’ duty of diligence in judicial practice in the light of the essential connotation of directors’ duty of diligence,and comparing and analyzing them to arrive at the criteria for judging directors’ duty of diligence and rules for judicial review that are generally applicable in different contexts,and making relevant suggestions on the typology and exemption mechanism of directors’ duty of diligence.