Study On The Company Law’s Principle Of Liability Via Status

Identity system has the specific historical stage of development, and leaves a deep imprint in every stage. In the ancient law, the identity was a kinship identity, which was linked to the status hierarchy and privilege, thereby it incurred the widespread dissatisfaction and anger of the people, and the identity of the legal system gradually exit the stage of law history. In the modern law,the identity mainly refers to the contractual status,which legal subjects can produce, change or destroy by contract. The company law’ principle of liability via status is built on the core elements of the contractual status liability of the legal system. When the perpetrator in violation of the Companies Act on the obligation and cause damage to others, this principle can be applicable on the contractual status.This principle should play an important role in the company law, but due to the lack of scholarly research, the result is still in the ignorant state. Therefore, we must strengthen the research on the principle, especially its establishment and building.About the company law’principle of liability via status,the text is divided into six major discussion:Foreword: the questions. Because our academics and legislative community has long been legislation thought of united civil law and merchant law, private law studies in China focus on the civil system architecture, and neglects the independence of Commercial Law, which result in out of touch between the theory and practice in the commercial sphere, especially the principle of civil law imputation can not apply to the Companies Act. That is not conducive to the company’s development Therefore, We need to set the imputation system which can reflect its independence in the Company LawIn the first part: The rise of the company law’s principle of liability via status. The part comprehensively expounds the origin and meaning of the company law’ principle of liability via status by its concept, production, development, characteristics and nature, especially focuses on the core of the company law’s principle of liability via status—responsibility of the contractual status,in order to provide pre-condition for further research.In the second part: Legal analysis of establishing the company law’s principle of liability via status. The part examines the legal basis of company law to establish the company law’ principle of liability via status:as traditional civil law attributable principle is not fully applicable corporate law and identity Companies Act can be used as an effective adjustment tool,which the Company law has the basis for establishing the company law’ principle of liability via status. The principle’s establishment reflects the Company Law’s the nature of public and the organic, reveal the identity requirements of equity, distributive justice and corrective justice requirements and embodied. So it can the legal system as a separate identity, with a particular value and significance.In the third part, the part analyzes the relationship between the company law’s principle of liability via status and the imputation principle of the civil law: both the imputation system set up under the guidance of the principle of equality, so they haves pre uniformity; in the company law, they not only form a useful complement to the relationship, but also have a parallel relationship to jointly applied to solve the identity attribution of the company. Therefore, both can be described as both different from each other, they are linked to each other. The distinction is aimed to safeguard their independence, which are applied to different areas to better guide the company legal practice; Contact significance is to make up for deficiencies in the theory and practice between complementary advantages, and to promote the continuous development and improvement of the tort liability imputation system.In the fourth part: Legislative proposals to improve the company law’s principle of liability via status.This part analyzes the identity imputation principle implicit in the existing legislation, mainly including legal representative and initiate the establishment identity responsibility of the people, the rest of the promoters and the subscribers, shareholders, directors, supervisors, senior management and the actual control of human identity responsibility and the liquidation of the company group and its members liable in three elements. By analyzing its advantages and finding out the deficiencies, this part improves the company law’s principle of liability via status in the scope of application, applicable methods, responsibilities morphological defenses and assume the tort liability.The conclusion. As the two organizational tool for maintaining social order, identity and contract have long-term state of separation, which is not conducive to play an important role. The company law’s principle of liability via status can achieve the mechanism of adjustment of status and contract in order to make the of identity adjustment mechanism and contract adjustment mechanism to better serve the company system and to better protect stakeholders.