论公司董事的勤勉义务

Company Directors' Duties of Diligence

我国新修订的公司法未系统设计董事勤勉义务制度,导致该制度的可操作性降低.分析董事勤勉义务的产生原因,指出董事勤勉义务的判断标准,同时指出对董事勤勉义务应进行必要的限制,进而重构我国的董事勤勉义务制度,以增强其可操作性.

The newly-amended Chinese Company Law does not systematically design company directors＇ duties of diligence. And this does directly lead to lower operability of the law. In this article, the causes of directors＇ duties of diligence have been analyzed and the criteria of the duties have been discussed. In order to enhance the operability, the duties should be restricted so as to further reconstruct Chinese system of company directors＇ duties of diligence.