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Research on the Business Judgment Rule

Author: WangXueYong
Tutor: ZhaoWanYi
School: Southwest University of Political Science
Course: Legal
Keywords: Business Judgment Rule Origin Constituent elements Exclude elements Function
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 46
Quote: 0
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Abstract


The business judgment rule is an important rule of the gradual evolution of the formation of the U.S. case law practice corporate law , the business judgment rule to pursue the creed of non - intervention of the judicial duty of care of directors has done business decisions reflect judicial business judgment of directors respect. According to the rules , the board of directors in good faith , reasonably know , and make a business judgment to maximize the benefits for the company , the business decisions will not give rise to liability of directors , will not be attributed to the invalid or revoked . Face up to the complexity of the business activities , the risk of the business judgment rule , designed to protect directors business decision-making power , balance of directors , the company , shareholders between risks and benefits , and also provides for the implementation of the review of the directors ' duty of care standards of justice . Our country go into effect on January 1, 2006 , the Company Law of the People 's Republic of China ( hereinafter referred to in this article \The applicable standard of review is not to be provided , so that the lack of operability , difficult to apply in practice . In view of this , the author uses case studies in the form of detailed discussion of the business judgment rule . United States case law countries , the creation of the business judgment rule , elements , applicable to the situation are the main form of jurisprudence , so that the rule has a great openness and Sustainable Development , which also makes the \the saying \

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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