Research On Directors' Civil Liability To The Third Party

That whether directors should bear civil liabilities to the third party,is not only a problem of reality.Rather,to a great extent,it is a problem of value judgment.That is to say,lawmakers make a decision based on existing requirements.In fact,many countries have established their own particular system of directors' civil liabilities to the third party,based on their own theories.In this article,I mainly discuss the foundation of directors' civil liabilities to the third party,with an analysis of problems existing in Chinese legislation and juridical practice,and then put forward a suggestion for perfecting the system of directors' civil liabilities to the third party in China.In chapter one,I mainly discuss the basic theory of directors' civil liabilities to the third party,as the preparation for the further discussion afterwards.For there are many articles discussing directors' liabilities to the third party recently,I mainly discuss some particular issues.Firstly,I make a definition of directors' civil liabilities to the third party,and then an analysis of its essence.Meanwhile,I also draw a comparison between systems of directors' civil liabilities to the third party in foreign countries.In chapter two,I discuss the foundation of directors' civil liabilities to the third party.The point is,since it has solid foundation in theory,we can establish the overall system of directors' civil liabilities to the third party in China,and promote its application in juridical practice.In this chapter,I firstly analyze the shortcomings existing in the traditional way,that companies assume liabilities to others and then blame the responsible directors.Secondly,I discuss that directors' personality can't be incorporated by companies' totally,and for the third party's weak status,it is also necessary to establish directors' civil liabilities to the third party to restrain directors' unlawful acts.Thirdly,I consider directors' civil liabilities to the third party from the perspective of related views of the company.In chapter three,I consider the suggestion for improving the system of directors' civil liabilities to the third party in China.I analyze the status quo of civil liabilities to the third party.Based on problems existing in Chinese legislation and juridical practice,I then put forward my plan of establish the system of directors' civil liabilities to the third party across the board in China.Furthermore,I argue that we should establish the system of protection for directors.