The Study On The Responsibility Of The Legal Representative In The Tort Of The Company And The General Provisions Of The Civil Law Article 62

The civil liability of the legal representative of the company,that is,the liability to the company and the third party when the legal representative of the company causes damage to the third party in the course of performing his duties,is divided into the liability to the company and the liability to the third party.Article 62 of the General provisions of the Civil Law of the People's Republic of China(hereinafter referred to as the General provisions of the Civil Law of the People's Republic of China)promulgated in 2017 stipulates: "where the legal representative causes damage to others as a result of the performance of his duties,The legal person shall bear civil liability.After a legal person bears civil liability,it may recover compensation from the legal representative who is at fault in accordance with the provisions of the law or the articles of association of the legal person." This article clearly provides for the legal representative of the company The way in which the person bears the responsibility,that is,the company bears the responsibility and then recovers from the legal representative who has the fault.This provision makes up for the stipulation that there is no liability of legal representative in the Company Law of the People's Republic of China(hereinafter referred to as the Company Law),which is a remarkable progress,but the stipulation does not further refine the right of recovery of legal person,clarify the requirements for the exercise of the right of recovery of legal person,and at the same time,it has not been able to further jump out of the absolute theory of legal organ and separately stipulate the liability of legal representative to the third party.Therefore,from the perspective of Article 62 of the General provisions of Civil Law,combined with the current development of companies in China,this paper analyzes the implementation of the legal representative of the company.The civil liability for the damage caused by the official behavior,so as to establish a scientific and rigorous and operable system of the liability of the people on the legal representative of the company,and perfect the legal system of the liability of the legalrepresentative of the company.This paper studies the civil liability of the legal representative of our company,and discusses the civil liability of the company and the third party on the premise of the recognition of the company's legal representative,and it is divided into four parts:The first part,analyzes the theoretical basis of the civil liability of the legal representative of the company,defines the concept and characteristics of the legal representative,and expounds the nature of the civil liability and the principle of the imputation,and lays the foundation for the following construction;The second part is to analyze the present situation of the civil liability system of the legal representative of our company,and to make a standard analysis of the general rules of the Civil Law> Article 62,and points out the defects and the need to be perfected,and the third part is to introduce the relevant model of the civil liability system of the legal representative of the extraterritorial legal representative.For reference to the essence of the company,the fourth part will focus on the legal representative's responsibility for the above-mentioned company On the basis of reference to the outside experience,the author puts forward some legislative suggestions,namely,the civil liability of the legal representative,the direct request for the third party and the representation of the supervisor in the course of the litigation.So as to ensure that the company can better exercise the recovery right,and the third party better and the like maintain the self-interest.