Study The Consummation Of The Director Liability Insurance System

With the rapid development of market economy in China, professional managers practice increases the risk to protect the interests of shareholders and third issues a growing concern. Therefore, the relevant legislation on the civil liability of operators by strengthening to protect the interests of third parties, but the risk of a market economy is constantly changing, even if the operator the full implementation of decision-making in the management of a loyal and diligence obligations, will bear the huge amount of errors liability. This makes the rights and obligations of directors in a state of imbalance, the directors are not fair. Furthermore, personal liability of directors increased the same time, the idea of directors also increased the burden of decision-making resulting in indecision, not aggressive in business activities, is not conducive to the directors for the company and shareholders wealth. Therefore, how to spread business to become a director of the company needed to solve a problem. Widely used around the world is director liability insurance system, its operation mechanism is director of business risk through the transfer of the directors to re-balance the powers and responsibilities, encouraging innovation director. Directors Liability Insurance originated in the United States and other developed countries in the Anglo-American to play its due effect. In order to comply with the development of modern companies, but also the introduction of foreign directors liability insurance system, but the implementation of this system in our country for decades in the effect is not satisfactory, and frequently blocked. The reasons are two: one is related to the legal system of the shortcomings and imperfections on the corporate governance structure hinders the development of director liability insurance system; Second, directors liability insurance system is a "import", our country "transplant" the system, while not binding to its specific design of the special conditions, most of them are "cut and paste" the United States and other foreign directors liability insurance policy, resulting in the product in our "inability to adapt." Therefore, to director liability insurance system in China to play its proper value, the first task is to provide a good domestic environment, this must be the legal system of the external and internal corporate governance structure to improve. Second, liability insurance for directors but also the shortcomings of the contract be modified and improved. Article on the research method is mainly used empirical analysis, followed by a historical and comparative analysis. In this paper, the directors of liability insurance for the object in the Liability Insurance of foreign directors of the development process of analysis, draw useful lessons for China. In the analysis of liability insurance for directors of the practical needs of the system, and summarized the directors liability insurance legislation and practice in our current situation, then the analysis of the development in directors liability insurance of practical constraints on the proposed the establishment of Director Liability Insurance proposal.This article is divided into introduction, body and conclusion of three parts. In which the body of a total of 3 million words, divided into four parts:The first part is an overview of liability insurance for directors. Overview of the first directors of liability insurance from the concept, introduced the world theorists liability insurance for directors of the various defined and obtained liability insurance for directors of the concept of representation is more inclined to the United States. Article subsequently elaborated by the directors liability insurance and legal characteristics have a positive value. This part of the body at the beginning of the expansion is designed to do full knowledge of the groundwork.The second part is the background analysis of director liability insurance . This is one of the focuses of this paper, the first director of the United States and Japan Liability Insurance Historical Development of the object, and the comparison between the two analysis, the benefit of established directors liability insurance system in China: China has the introduction of Directors liability insurance and legal environment of economic environment, our directors liability insurance system can be introduced. Next, I focus on the analysis of the system of liability insurance for directors of the reality of needs.The third part is Directors liability insurance system in China Analysis. This part is the most important, the article summarizes the first director liability insurance system of legislative and institutional practice in the current situation, the directors obtained liability insurance in China's development is not ideal. At the same time, the article focuses on the words of director liability insurance system hindered the development of the many constraints are , discussed below, this is as if improving the system of liability insurance for directors to do the groundwork.the fourth part is the Improvement of the proposed directors liability insurance system. This is the top key point of this the entire chapter . The front part islimited liability insurance system of development based on the analysis of objective factors, the last part of the body of the directors on how to get rid of the difficulties faced by liability insurance system, improve the system of director liability insurance recommendations.