A Comparison between the Corporation Law System of the United States and the Corporation Law of China

查看全文 作　　者：Jing [1]Tianxing;A Yi Gu [1]Li 机构地区：[1]Law School Minzu University of China 出　　处：《学术界》索引2014年第9期,共7页 基　　金：The Humanities and Social Science Research Fund Projects of the Ministry of Education for the Youth(No.09YJC820127) 摘　　要：The corporation law system of the United States is greatly different from the related rules and regulations of China.In this paper,the two sides are compared only in terms of director’s duties to corporation.Because of the demand of corporation for business specialization,the shareholders of corporation are divorced from the management of corporation affairs,and thus director’s duty of loyalty and duty of care to corporation are especially important for the interests of the corporation.In the stipulation of China for the two duties,however,specific discretion standards are absent,but also unreasonably aggravated duties of director have emerged.By comparing with the corporation law of the United States,the judgment for the reasonable and unreasonable aspects of Chinese corporation law is conducive to improve the duties of director in China. 关 键 词：中国企业 司法制度 公司法 美国 自由裁量权 专业化 忠诚度 导演