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Research On The Legal System Of Company Supervisor Civil Liability

Posted on:2008-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y X WangFull Text:PDF
GTID:2166360215490551Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The supervisor should undertake the corresponding responsibility as well as enjoy the right because he is authorized to supervise the company. Based on differendt supervisory modes, differendt countries vary on the theoretical analysis & system constracture concerning the supervisor responsibility .There are not sufficient theoretical research referring to the SR Majority of scholars just mention the SR as an appendage of the Director Responsibility. This situation also exists in the logisiation practice. The definition of SR just be referred to a little from DR by convention. This essay points out that SR is different from DR and appeals for more special theoretical analysis & systerm constructure on SR for which is necessary & beneficial. SR includes civil liability,administrative obligation & criminal responsibility. However, civil liability has been the most important as well as the weakest field among them. The primary objective of this essay is to study theorically on the superviser civil liability & put forward proposals tp perfect our supervisor civil liability legislation.The outline and main content of this thesis as follows:First of all,the author presents the writing theory & practicial significance in the preface. Chapter I focus on the definition of"supervisor"for which is the permice of the study on SR. This chapter discusses The Company Administration and"Supervisor"preciouslly.Chapter II devdelops from both the angle of supervisor legal status &its rights and duties, conncering the basis & necessity of supervisor's status & rights and duties.The author points out,being as a company supervisorty organ,supervisor has established an appointed relation with the co.In addition,the rights & duties of the supervisor have been discussed through a historical,compartive and logical point of view on its content , property, etc. Besides , some innovation theory. The author jas achived,and put forward his proposal for bettering the relavent legislation.The core issue of chapter III is supervisor civil liability.The theoretical basis of SCL,CL vs Director Responsibility,the supervisor's obligation to the company and the supervisor's obligation to the 3rd paty. Drawing on the achivements of Director civil liability study,this chapter theoretical innovation & system analysis according to the practice. In the key chapter IV based on previous research,the author points out we should perfect the formaty from following five aspects.Chapter V introduces and briefly illustrates supervisor liability Insurance in the prospect of providing a powerful guarantee to the realization of supervisor responsbility, therefore balance supervisor's rights and duties.In closing,the author summarizes and makes a conclusion.
Keywords/Search Tags:Supervisor, Rights and duties, Supervisor responsibility, Perfecets, Supervisor responsibility danger
PDF Full Text Request
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