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The Study About Constructing Director Insurance Law System

Posted on:2012-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y LiuFull Text:PDF
GTID:2216330338464851Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the economic globalization, China's socialist market economy and gradually establish a perfect backdrop, the domestic company grows more and more involved in the domestic market and international market competition, the directors liability insurance in this context was introduced in China. The dispersion of the system effective in the management of the company's risks, and maintain the company, shareholders.Directors liability insurance arising from the legal system has been nearly seventy years of history, has been basically formed an institutional system, and through the practice of fully reflects its value. Directors liability insurance law system in China is still in its infancy, still remain missing, the effectiveness of existing regulations do not rank high, and so on scattered provisions, however, with the concept of deepening of the socialist rule of law, legislative work progresses, Support a sound and comprehensive liability insurance for directors of internal and external conditions are gradually met. Thus, with the continuous advance of theory, practice and deepening of the digestion and absorption of foreign experience, the legal system of liability insurance for directors will be able to be establish.Articles by comparative analysis, the legal system of directors liability insurance were discussed, in reference to foreign mature the basis of theoretical and practical experience, combined with the phased development of market economy characteristics of liability insurance for directors to establish a sound system in our country put forward some constructive ideas, including legislative proposals and related system construction. By the internal logic of the article is divided into four chapters: The first chapter introduces the connotation of directors liability insurance,classification and main characteristics of the system, development, maturity of the historical background and analysis for the comprehensive understanding of the legal system of liability insurance for directors to provide theoretical support. The second chapter focuses on the legal system with the directors liability insurance related to two systems, directors and corporate liability for damages compensation system. Directors as a director of liability for damages arising from liability insurance legal system premised on the premise that the analysis is conducive to more in-depth understanding of the legal system of liability insurance for directors. Corporate compensation liability insurance legal system and legal system of the same directors as the director of security interests, the two systems operational risk transfer, but the analysis can be drawn through the articles director liability insurance has incomparable superiority.The third chapter describes the legal system liability insurance for directors to establish the necessity and feasibility. Since the introduction of the system a short time, lack of relevant legislation and regulations have been effective level is not high, operability is not strong, can not give full play to the directors liability insurance director of the legal system in balance, companies and third party interests, the potential to play a director of operations, Improve corporate governance an important role. With further promote China's market economy, China has established a sound legal system liability insurance for directors, whether the extent of the theory, practice, or the accumulation of experience in the market environment and legal environment improvements, and all have relatively mature conditions.The fourth chapter is the focus of director liability insurance contracts from the improvement of relevant legislative proposals put forward on the reconstruction of the proceedings related to the external environment and the construction of four aspects of liability insurance for directors to perfect the legal system. Improvement of directors liability insurance contracts, mainly from the principal, insurance, insurance targets, responsibilities and demonstrate aspects of responsibility principle; receive compensation from the clear standards of behavior, loss of range of premium calculation and sharing aspects of legislative proposals ; through the introduction of class action, pre-litigation procedure to cancel construction of procedural safeguards. In short, this article attempts over several aspects of the construction and improvement of the external environment liability insurance for our directors to establish a sound legal system to provide support.In short, through a comprehensive discussion and analysis, this article concludes that: directors liability insurance system is of great value. Establishing Liability Insurance in the legal system is not only necessary but also feasible.
Keywords/Search Tags:director liability, directors liability insurance, liability insurance contract
PDF Full Text Request
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