Liability Quality, Subjective Important Document and Doctrine of Liability Fixation on the Third Party Liability of Company Directors

Among the problems of the company governance in our country these years, the most grievous one finds itself in the fact that the benefits of the partner, except for senior shareholders and creditors, are infringed frequently without any possible effective relief. The important reasons go to the lack of the system of the third party responsibility of directors, and of the faint understand of liability quality, subjective important document, doctrine of liability fixation and so on. Considering that the rules of business law of our country have not been established, the character of the third party responsibility of directors belongs to the special legal liability. The subjective condition includes malicious act or gross negligence. The doctrine of liability fixation is the liability for wrongs and the constructive liability for wrongs in special situation, except for the liability without fault.