Analysis On Director Limitation Of Liability System

With modern company system by "shareholder meeting center socialism" to "the board of directors center socialism" in the transition, the company directors and the board of directors played more and more important role,in company, in order to strengthen the directors of the company’s liability to prevent abuse of power director injure the interests of the company’s case,modern couries to improve their own company director system, as an important goal,the qualifications of the directors increasingly clear generally have reached a consensus on,the provisions of the liability of directors perfected gradually,the liability of directors shall be investigated for mechanism also tend to be complete. The directors of the company gradually strengthen the liability, but in reality is not the ideal results appear people,some of the problems with attention gradually,director shortages,the lack of vitality and vigor.People come to realize in strengthening the trustee liability at the same time, must have corresponding cushioning measures, in the directors,companies and shareholders to seek a balance between, In strengthening the trustee liability at the same time, protection and security director right,limitation of liability system of director is a kind of good method.This article in foreign legislation and theories foundation, through the comparison and analysis, director of limitation of liability system are described,and how to perfect our country director from limitation of liability system and put forward own proposal. This paper mainly in live aspects, director of limitation of liability system were discussed.The first part mainly discusses the directors of the basic theory of limitation of liability system, limitation of liability system including the concept of directors and the background,the second section discusses the limitation of liability of directors from the legal basis for.the third section discusses the limitation of liability of classification system of directors,the fourth section discusses the limitation of liability of directors from value goal. The second part is the focus of this paper,this paper discusses mainly the directors of liability limited in advance way,there are four main way,including the judicial limit and discharge, through the director and company’s contract limit and discharge, director liability insurance system, article of incorporation or internal rules of the liability of directors limit and discharge.The third part discusses mainly the directors of liability limited in later way,there are three main ways.Judicial limit and discharge.The company compensation system. limit and discharge of the liability from company organ.The fourth part discusses mainly the limitation of liability from system with director for exceptions,that is the director of the implementation of the related to bring the behavior of the loss according to the limit and discharge from director liability legislation can not limit their liability from the matters.If the violation of the rules of the bottom line and at the very least, it shall not be limited and dischargedThe fifth part analysis directors from limitation of liability of the chinese legal,and puts forward some points of suggestion...