On Civil Liability Of Joint-stock Company Sponsors

Sponsors, Regulations and Capitals are three essential factors of establishing joint-stock company. In which, the most important part is whether sponsors are loyalty in the process of fulfilling the job, his behavior is guarantee of the company's establishment and normal operation. Therefore, the rules and regulations on sponsors' behavior, especially on sponsors'civil liability are the important part of company act. This paper analyzed the present situation and defects on sponsors'civil liability of joint-stock company in our company act by comparing the legislation of sponsors'civil liability of civil law legal system and common law legal system, on this foundation, some legislative suggestions are put forward to perfect our company act.The whole thesis consists of four parts:The first part analyzed the theoretical basis of sponsors'civil liability. The concept, the legal status of sponsors and the fiduciary duty of sponsors in common law legal system are introduced first. By comparing the legal relationship of sponsors and the third part,the author suggests that our company act should strengthen sponsors'civil liability and fiduciary duty in establishing company.In the second part, legislations on sponsors'civil liability of civil law legal system and common law legal system are compared. Both in civil law legal system and common law legal system, sponsors'civil liability includes liability of sponsors when the company is found in success and in failure, sponsors have to undertakes the responsibility to the company and the third part. Through analyzing the regulation on sponsors'civil liability of civil law legal system and common law legal system, their advantages can be used by our company act for reference.In the third part, some legislative suggestion are put forward based on the analysis of the defects on sponsors'civil liability in our company act.