The Research Of Company Sponsor System

From the legal angle, the incorporation of a company is a behavior that the sponsors organize a legal entity with independent personality in accordance with legal provision. It can be said that any incorporating links such as organizating plan, raising fund and registration of the company are carried out surrounding the sponsors. So the behaviors of the sponsors directly determine the legal incorporation of company or not, influence the established company's interests and the safety of all transactions and the stability of the social economic order. However, some the legislations of company about the sponsors in our country still have many untouched blanks, the aspect of theoretical study is also quite weak, and obviously present system of the sponsor cannot satisfy practical needs in the incorporation of companies. Because of the complexity and the importance of the company, they determine the special position of the company sponsors and we must make a deep research on sponsors.To solve a series of problems about the company sponsors at present, connecting the provisions of the legislation abroad to our judicial practices, we will make a further research and discussion to the sponsor of company law system and we want to make a hopeful contribution to the establishment and perfection of legal doctrines in this area. The thesis closely around the company sponsor as center to discuss, it firstly makes a clear definition of the company sponsor in different countries and regions, analysis their respective advantages and disadvantages and points out we should base on considering its essential character to get an accurate position. We can try to analysis company sponsors' legal status in specific legal relationship.In our country legislation, the formulation of "sponsor" could be found in incorporated company, but the sponsor should not be limited to the incorporated company and it is a common concept in the company law according to sponsor's source, background, purpose and differences in two kind companies. At the same time, with the further development of the market economy, we allow many person or legal person who can not become sponsors in the past can be sponsors. Our company sponsor responsibility system and related supporting system construction are not enough, which make the interests of the company stakeholders hard to guarantee.We should make clearly that sponsor's concept could be adjust to all kinds of company and in practice we can also learn from Japanese company law. The company sponsors qualification can be appropriately expanded. The company sponsor's responsibility system includes capital adequacy responsibility, compensating obligation, responsibility for breach of contract and so on, how to determine those responsibilities according to company business specific analysis. And it equal to how much did they have rights. In civil liability of sponsors, joint liability is a characteristic. Establishment meeting supervision system, information disclosure system and responsibility insurance system are all kinds of different supervision mechanisms, although responsibility insurance has not completely applied, but this market supervision mechanism is worthy to be popularized. And another way is to pay attention to play judicial interpretation and judicial precedents role in practice to promote the improvement of the system of the sponsors. In a word, a wholesome company sponsor system not only can balance the interests of all parties, but also can promote the orderly development of modern company system.