(Xiao) X Xun

(external) researcher Erasmus School of Law
Location
Burg. Oudlaan 50, Rotterdam
Email
xun@law.eur.nl

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Title of Research: Directors' Fiduciary Duties and Liabilities.

Promotors: Prof. M.G. Faure and Prof. Y. Li

In the aftermath of financial crises, the accountability of directors and officers has again become the focus of attention on the part of investors, scholars, and policymakers. Given that market mechanisms have failed in disciplining functions, civil liabilities and regulatory regimes have been employed to deter misconduct by directors' and officers. With regard to directors' fiduciary duties, this legal strategy has also been transplanted from the common law tradition to the civil law countries, in tandem with shareholders' derivative actions. Many legal scholars have emphasised that the variation of…

Title of Research: Directors' Fiduciary Duties and Liabilities.

Promotors: Prof. M.G. Faure and Prof. Y. Li

In the aftermath of financial crises, the accountability of directors and officers has again become the focus of attention on the part of investors, scholars, and policymakers. Given that market mechanisms have failed in disciplining functions, civil liabilities and regulatory regimes have been employed to deter misconduct by directors' and officers. With regard to directors' fiduciary duties, this legal strategy has also been transplanted from the common law tradition to the civil law countries, in tandem with shareholders' derivative actions. Many legal scholars have emphasised that the variation of enforcement models leads to differing effects. However, the underlying rationale-ameliorating agency problems are often ignored by lawyers. This research project will apply a law and economics approach to the context of a transitional economy - China - where there are unique challenges and problems to be analysed. The origin of this legal strategy has in the meantime also been reviewed in this functional perspective. The goal of this research project is twofold: firstly, to structure this legal strategy in the Chinese context, at least in a theoretical sense, and secondly, to tentatively determine a feasible enforcement pattern to ensure directors' compliance with duties of loyalty and diligence.

Xiao obtained a Bachelor of Laws (LL.B.) and a Master of Comparative Law (M.C.L.) at China University of Political Science and Law. During her study period, she won a university scholarship and was an active participant in international seminars and in courses in the US. She also did an internship in multinational corporations. In 2011, Xiao was awarded a scholarship by the Chinese government, and commenced her PhD research at Erasmus School of Law.

  • (external) researcher

    University
    Erasmus University Rotterdam
    School
    Erasmus School of Law
    Country
    The Netherlands

Address

Visiting address

Burg. Oudlaan 50 3062 PA Rotterdam

Postal address

Postbus 1738 3000 DR Rotterdam