The Research Of Senior Management To The Company Civil Responsibility

Senior managers have play an important role in running a modern company.The commitment of senior managers is also becoming a leading factor of how to running a company.Senior managers and civil responsibility system are important components of responsible system of senior management in company. "Final responsibility" of company's senior management as mentioned in this thesis was resulted from the adverse outcomes for senior managers didn't implement their duties,that is to say,as senior managers was given authority,he or she should undertake publishment in law when the use of authority breach the rules and contract as well as get far away from the purpose of benefit-maximum in company.Our company senior management personnel of a company's civil liability system relative still lag behind, normally the circumstance falls, as long as the zeal for its action has subjective fault, violated legal obligations, to cause damage results, and damage results between its behavior has causal relationship can be judged the civil liability was formed. According to the company law, our company senior management personnel of a company's civil responsibility undertakes mode can be roughly divided into to stop the infringement, interests into, return property, the compensation for the losses, etc.For the senior management personnel of a company's civil liability shall be investigated by the company may, by shareholders. The company to senior management personnel of the civil liability shall be investigated for mainly displays in the shareholders meeting or board and the board of supervisors shall be investigated for executive, Shareholders of the company senior management personnel of a company's civil responsibility for is mainly for shareholders derivative action.However, the company senior management personnel of a company's civil liability system still exist many defects, manifested in the judicial review of the lack of procedure, civil responsibility specific scope of uncertain, civil liability for the reality of the difficulties and real operation exists conflict of interest, etc. Aimed at the defects in China, we should accelerate shareholders derivative action system consummation, the introduction of business judgment rules, and actively promote our country the senior management personnel liability insurance system and the legalization of the constraint of incentive mechanism of our country company will legalization, senior management personnel of a company's civil liability system and the problems existing in the legal system, timely into orbit, in order to ensure the effective operation of the company.