2004 Fiscal Year Final Research Report Summary
THE DEVELOPMENT OF SYSTEM TO AVOID CORPORATE MISCONDUCTS AND CRISES IN THEIR EARLY STAGES
| Project/Area Number |
13552001
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 展開研究 |
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| Research Field |
Civil law
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| Research Institution | FUKUOKA UNIVERSITY (2003-2004)
Kyushu University (2001-2002) |
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Principal Investigator |
MORI Junjiro FUKUOKA UNIV., INSTITUTE FOR LEGAL PRACTICE, PROFESSOR, 法科大学院, 教授 (60079001)
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| Co-Investigator(Kenkyū-buntansha) |
SUZUKI Fujikazu FUKUOKA UNIV., RESEARCH INSTITUTE FOR ADVANCED OF LIVING STANDARDS, VICE CHAIRMAN, 副所長
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| Project Period (FY) |
2001 – 2004
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| Keywords | COMPLIANCE / CORPORATE GOVERNANCE / EMPLOYEES / CORPORATE THEORY / WHISTLEBLOWER PROTECTION ACT / CORPORATE MISCONDUCT / CORPORATE CONTROL / NEUTRAL LAWYER |
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| Research Abstract |
1 THE CORPORATE NEUTRAL AGENT IS THE KEY SCHEME TO CONSTRUCT THE COMPLIANCE SYSTEM TO AVOID CORPORATE MISCONDUCTS AND CRISES IN THEIR EARLY STAGES. WE PRESENT THE NEW CORPORATE THEORY TO JUSTIFY THE CORPORATE NEUTRAL AGENT THE NEW CORPORATE THEORY STARTS FROM WHAT IS THE STOCK CORPORATION, NOT FROM WHO IS THE OWNER OF THE STOCK CORPORATION AND ANALYZES CORPORATE CONTROL FROM THE STANDPOINT OF LEGAL INTERPRETATION OF THE CAPITAL MAJORITY SYSTEM.
2 LAWYERS ARE QUALIFIED TO ACT AS THE CORPORATE NEUTRAL AGENT WHO ACCEPTS INFORMATIONS RELATING TO CORPORATE MISCONDUCTS AND CRISES FROM STAKEHOLDERS ESPECIALLY EMPLOYEES. THE NEUTRAL LAWYER SELECTS INFORMATIONS ADEQUATELY AND TRANSFERS THEM TO AUDITORS AND BOARD OF DIRECTORS. AUDITORS AND BOARD OF DIRECTORS INVESTIGATE, CONFORM OR CORRECT THE IMPROPER OR ILLEGAL BEHAVIORS BASED ON THOSE INFORMATIONS. AUDITORS AND BOARD OF DIRECTORS HAVE OBLIGATIONS TO REPORT TO THE NEUTRAL LAWYER HOW TO INVESTIGATE AND CORRECT THEM.
3 THIS NEW SYSTEM TO AVOID CORPORATE MISCONDUCTS AND CRISES IN THEIR EARLY STAGES WILL BE ADOPTED BY THE THIRD SECTOR OF THE FUKUOKA CITY, HAKATAKO KAIHATU INC. THIS SPRING. THE REASON WHY THIS STOCK CORPORATION ADOPT THIS SYSTEM IS THAT THIS SYSTEM MEANS A BEST PRACTICE MODEL AND IS EXPECTED TO ESTABLISH A RELATIONSHIP OF MUTUAL TRUST BETWEEN THIS CORPORATION AND CITIZENS. THIS SUGGESTS THE USEFUL MEANINGS OF THIS NEW SYSTEM.
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