政治背景人士担任公司高管的法律问题研究

A Study on Legal Issues about that Political Background People Serve as Senior Executives of the Company

本文认为,政治背景人士可担任公司高管从事营利性活动极易利用自己的政治背景为公司谋取本不属于该公司的机会和利益,对同业市场主体间的公平竞争造成损害;部分政治背景人士同时担任多家公司高管,难免对任职的公司造成不公。同时,政治背景人士担任公司高管亦会产生具体的法律问题,由于现行法律法规的缺失和不周延,必须从公法、私法和社会法三个法域予以立法完善。

Political background people can be divided into those currently serving in the state organs,those who had worked in the state organs,NPC deputies and CPPCC members.They serve as company senior executives engaging in business activities can easily take advantage of their political background to seek opportunities and benefits for the company,even these opportunities and benefits do not belong to the company,which damaged fair competition between market players in the same industry.Some political background people served as many companies＂ senior executives at the same time,which may be also unfair for these companies.Further, the political background people serve as companies＂ senior executives may also generate particular legal issues.Because the lack and poor distribution of current laws and regulations,legislative Improvement must be carried out from three jurisdictions：public law, private law and social law.