The Legal Liability Research Of Company Sponsors

The company was established, after the establishment of whether can healthy and orderly development, largely dependent on before the establishment of the sponsors set activities. The company sponsors of legal system, as an important part of company law, is about the rights and obligations of the promoters and relevant regulations. The establishment phase, because the establishment activities, mainly by a promoter completed, in order to encourage the establishment of the economic subject, better for the establishment of a company, the law gives promoter and the related rights and interests established. According to the rights and obligations of the corresponding principle, have corresponding right, it shall bear the corresponding obligations. When the sponsors of the obligations agreed upon breach statutory or, shall bear the corresponding legal responsibility.Company law legislation in China started late, since the Company Law enacted in 1993, China's Corporate Law to promote China's economic construction and make great contributions, but with the rapid development of China's economy, China's Company Law has not keep up with our Development.Our legal practice many problems are due to the lack of the relevant provisions of the promoters. I had a combination of the relevant provisions of company law, foreign legislative practice, and I had legal issues arising in practice, are discussed. This article is divided into five parts:The first part, the promoters of the analysis, this paper introduces the formal concept that the real concept of that, and the combination of the compromise, said more support of compromise about it. By introducing the domestic legislation, legal practice in our country to further define the promoter.The second part of the company founder's legal status. Presentation on the legal status of the promoters of several major theories of the relationship between the promoters, the promoters of the company set up before and after the establishment of the status of the legal status of the exploration of such issues.The third part, the promoters need to focus on civil liability. This part is divided into two parts, namely, when the company set up successful promoters need to take responsibility, and fails when the company sponsors need to establish civil liability. The fourth part, this section describes the administrative and criminal breach of the promoters in the time to bear the administrative responsibility and criminal liability. Part V of the promoters made the defects liability system, combined with China's legal practice, with reference to foreign legislation, the responsibility for building a sound system of the promoters to make recommendations.