我国应引入商业判断规则

我国新《公司法》规定了董事的勤勉义务、赔偿责任以及责任追究途径,在这种情况下,董事承担经营失误责任的几率大大增加。我国应引入国外法上的商业判断规则限制董事的经营责任,以保护董事充分行使其经营决策权。

Business Judgment Rule Should be Introduced to China

The new Corporate Law has separately stipulated duty of care of directors,the compensation liability as well as the lawsuit means.In such circumstances,the probability of the directors bear liability for risk management failures greatly increased.The article argues that we should introduce the law on foreign business judgment rule to restrict directors' liability,so that directors can fully use their business decision-making power.