Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Business integrity v. business efficiency: the corporate opportunity doctrine in China

Business integrity v. business efficiency: the corporate opportunity doctrine in China Purpose – The purpose of this paper is to assess the application of the nascent corporate opportunity doctrine in China by comparison with its well-established English counterpart; in particular, it evaluates whether the fine balance between business integrity and business efficiency has been struck. Findings – It is argued that the scope of application of the corporate opportunity doctrine in China should be extended, and the rules on the burden of proof should be amended. Moreover, a stricter approach should be adopted by the Chinese judiciary for the purpose of protecting the company’s interests and enhancing business integrity. Research limitations/implications – This paper mainly focuses on the corporate opportunity doctrine. It does not discuss other duties of directors in detail. Practical implications – It is useful for directors in balancing business integrity and business efficiency. Originality/value – It is an original piece of work which assesses the corporate opportunity doctrine by making comparison with English law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Financial Crime Emerald Publishing

Business integrity v. business efficiency: the corporate opportunity doctrine in China

Journal of Financial Crime , Volume 23 (1): 15 – Jan 4, 2016

Loading next page...
 
/lp/emerald-publishing/business-integrity-v-business-efficiency-the-corporate-opportunity-NllrWAgJwn
Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
1359-0790
DOI
10.1108/JFC-05-2014-0025
Publisher site
See Article on Publisher Site

Abstract

Purpose – The purpose of this paper is to assess the application of the nascent corporate opportunity doctrine in China by comparison with its well-established English counterpart; in particular, it evaluates whether the fine balance between business integrity and business efficiency has been struck. Findings – It is argued that the scope of application of the corporate opportunity doctrine in China should be extended, and the rules on the burden of proof should be amended. Moreover, a stricter approach should be adopted by the Chinese judiciary for the purpose of protecting the company’s interests and enhancing business integrity. Research limitations/implications – This paper mainly focuses on the corporate opportunity doctrine. It does not discuss other duties of directors in detail. Practical implications – It is useful for directors in balancing business integrity and business efficiency. Originality/value – It is an original piece of work which assesses the corporate opportunity doctrine by making comparison with English law.

Journal

Journal of Financial CrimeEmerald Publishing

Published: Jan 4, 2016

There are no references for this article.