The Civil Liability Of Sponsors

Nowadays, the mostly national Company Law follows the efficiency, free principle of commercial activity, in the person of regulating company establishing, it emphasizes from beforehand regulation to afterwards regulation, and legal responsibility mechanism is the most important part of afterwards regulation. Owing to the especial legal status of promoters, the behavior of promoter directly determines the right and liability related to the company in the future and the investors, affects the safety of transaction and the stability of social and economic orders. To urge them to try their best to establish company, it is very important to regulate legal responsibility.Civil liability of company sponsors is to balance the interests of the intending company, the investors and the third party, especially compensate damage that is infracted by company sponsors. The Company Law of China has made great progress through the modification of 2005. Regrettably, there's little on the provisions of civil liability of company sponsors, so the modification can't resolve its deficiency of unbalance and absence ultimately. The theories study of Company Law focus on discussing the capital system, the management, the social liability and interests of stockholders, the study of the system of creating company, especially the system of liability of company sponsors, is very weak. Theory is the precursor of action, to perfect the Company Law, to provide more effective instruction and regulation for practice; it is necessary to study liability, especially the civil liability of sponsors.