Study On The Legal Responsibility Of The Company's Civil Liability For The Third Party

The legal representative's civil liability to a third party simply means that when the legal representative performs damages to a third person due to intentional or gross negligence during the execution of the company's duties and responsibilities,the third party shall be held liable for the damage.The legal representative has a dual identity.As a legal person,it is also a natural person.When faced with a situation in which it is difficult to balance its own interests with the company's interests,its rational scale is likely to tilt toward its own interests and make use of the convenience of its positions.,The power held in the hands of,abuse of representative power,and infringement of the rights and interests of third parties such as company shareholders and corporate creditors.At present,the legal representative in China only has the legal representative's responsibility for the company and neglects the legal representative's civil liability to the third party.This will undoubtedly lead to unequal rights and obligations of the legal representative,and it will also help protect the legitimate rights and interests of stakeholders such as shareholders and creditors.Therefore,combining the development status of the company in China and the existing rules and principles,it is extremely necessary to establish a scientific and rigorous and practical legal representative system for the third party's civil liability and improve the legal system of the company law in China.This paper examines the system of legal representative differently,but removes the legal representative's responsibility for the company.Under the premise of acknowledging the limited liability of the company's legal person,the legal representative's research on the civil liability of the third party is discussed separately.This article is divided into The following four sections:The first part is about the legal representative's summary of the third party's civil liability,expounding the definition and characteristics of the legal representative at home and abroad and the scope of the third party,and analyzing and expounding the status quo of China's legislation;the second part analyzes the legal The theoretical basis of the representative's responsibility to the third party paves the way for the construction of the following text.The third part elaborates the practical necessity of the legal representative's responsibility to the third party.The fourth part constructs the legal representative of China to the third.The system of human responsibility shall prescribe the general rules first,and then make specific regulations on the typical situations in practice.