Company Directors Responsibility Legal System Research To The Company Creditors

The company is a corporate organization, with profit and social society determines the interests of the company not just include the directors of the company’s shareholders, should also include the interests of the creditors, employees, consumers, including other third party. They co-exist on the basis of the interests of the company’s, but there are conflicting, the company directors in the management of the affairs of the company to maximize shareholder value as the goal, which resulted in a sense, the contradiction between the shareholders and other stakeholders. The same time, the modern internal management of the core layer has a general meeting of shareholders to the omnipotent to the Board of Directors centered, this expansion of the authority of the Board to require directors to creditors of the company under certain conditions, liable to have a realistic necessity, Chinathe directors creditors responsible for this aspect of the law is not perfect. In the practice of Law in China, we recognized that the directors "commission", the directors of the company’s trustee, the company and the third person to have the good management obligations, directors carry out their duties behavior could cause the company’s development of an important cause of impact. Creditors of the company and the company is a contract request relationship, the creditor may in accordance with the contract the right to request the company to exercise claims, but not as directors of the Company as involved in the process of the whole benign operation. This article draw on related legal theories and systems of Western countries, directors of the company’s creditors bear civil liability to produce the legal responsibility of the theoretical basis and the legal nature of the type of the obligation of directors to creditors, the constituent elements of the responsibility and domestic and international commitment to the responsibility ofthe relevant statutory provisions cited and other related issues are discussed. and the foreign legal system and judicial practice, experience, and establish the directors of the company’s creditors bear civil liability legal system and countermeasures of China’s legislative perfect. In summary, this paper comprehensively discussed the need for the directors liable to creditors, the possibility and reality. Damage caused by the creditors of the company directors for the job behavior does not assume any responsibility, but only should be given a negative view of the creditors of the company to legal liability by the company, the directors of the creditors of the company is not liable for extremely detrimental to the creditors of the company, this will seriously damage the companythe interests of creditors of Modern Company Law in the weakness of this link should be changed to improve the way of legislation to protect the legitimate interests of the creditors, but also a means to maintain the good running of a modern market economy order.