LW6134 Chinese and Comparative Company Law
literature Mainland China English summary

Conflict-of-Interest Rules in the Absence of a Clear Company-Interest Concept

公司利益缺失下的利益冲突规则——基于法律文本和实践的反思

Classic critique of Chinese conflict-of-interest rules, arguing that rules on related-party transactions and fiduciary duties cannot work well without a clearer account of company interest.

Open source

Brief English Introduction

Deng’s article remains useful after the revised Company Law because it asks a foundational question: whose interest is protected when law says directors, officers, or controllers must not harm the company?

Use It For

Use this for conceptual discussion of company interest, related-party transactions, controlling-shareholder influence, and the limits of formal approval rules.

Teaching Notes

Pair it with the newer conflict-transaction literature and ask whether the 2023 revision solves the company-interest problem or merely gives courts more tools.