중국회사법상 이사의 제3자에 대한 책임에 관한 연구

Abstract

The liability system of director to third-party, as a new legal system, comes forth with director's power expanding, which broke through the traditional relationship of legal person and organization of legal person and improved the liability system of director. There is the liability system of director to shareholder of company in China Corporation Law(2006), which is means that the legal status of liability system of director to third-party has been established in China Corporation Law. The paper, first of all, provides a description about the historical evolution of director to third-party' liability. Secondly, legislation in other countries are analyzed in the paper. Finally, Regarding liability system of director to third-party in China Corporation Law, the paper give us a detailed research. The purpose of the paper is that it finds the defects of this system through studying the liability of director to third-party in China Corporation Law. Now, there is the liability system of director to third-party in China Corporation Law, but it establishes only some provisions about the liability of director to shareholder of company and doesn't establish the provisions about the liability of director to creditor or general public. Therefore, it must make some improvements about the liability of director to third-party in China Corporation Law in future.