| 英文摘要 |
The Company Law of the People’s Republic of China stipulates directors’ obligation of diligence in 2005, however, it lacks clarity on such obligation and causes confusion of application for judicial practice. The execution of such obligation has been strongly criticized due to lack of operability and unclear judicial practice. Therefore, to optimize the People’s Republic of China’s relevant rules on directors’ obligation of diligence, it’s necessary to reflect on the said obligation, adopt empirical analysis on courts’ decisions, refer to relevant theories, regulations and practice with the help of default rules, clarify judgment standards, gradually establish the principle of reverse burden of proof, and introduce the business judgment rule as an interest-balancing mechanism. |
