The Research For The Legal Liability Of Bank Directors In China

Since2008U.S. financial crisis erupted, as one of the main financial markets, banks have suffered heavy losses, but the news about astronomical salaries of directors in the bank was often seen in the newspapers.While company operation is lost in trouble, the remuneration of directors in the Bank never fall but rise. Even if the bank was eventually forced to declare bankruptcy, while the director who should be blamed could get out unharmed. The resposibility, bank directors shoulder, and their remuneration have serious imbalance, which exposes the imperfection of the directors of banking system in China. This paper will explore deeply the directors’ liability from aspects, such as the rule status, predicament,and th causes leading to the predicamen and finally find out its solution from the perspective of the legal system.The essay will be divided into four parts.The first part describes the basic studying of bank directors’ duties.Firstly, it presents the articles about legal liability of directors in our company law theory. Secondly, it analyses the liability of directors, the upperseat concept of the directors, the status of the directors and the obligation of directors. Lastly, it states the special responsibility of bank directors, the content and objects of bank director, meanwhile it analyses the theory of directors’ legal liability in banks.The second part will investigates Comparative Law of bank directors’ legal liability. From the comparison and comments on other countrys’legislation about legal liability of bank directors, and finally it summarizes their advantages and disadvantages; Combined with China’s "Company Law", the bank-related laws, the paper will discuss the reference to the legal liability of directors in China from advanced legislation in foreign banks.The third part will come to current situation of legal liability of directors.Regarding China’s existing legislation on the liability of directors in China’s banking status and practice of the legislative status of the study, and then make the analysis of its problems and shortcomings.The fourth part will be the improvement for China’s banking director liability. On the one hand, considering the established blank space and inadequacies existing in China’s legislation, the paper will learn foreign advanced system of director liability in the banks, comparing with the system of bank director liability in China, and researching the liability sharing in bank and the third part liability sharing, to probe the improvement of director;s legal liability in China. On the other hand, from the limitation of directors’liability, the paper analyses the strengthening the liability balance of directors’liability in China.