论文部分内容阅读
随着公司法律制度的完善,尤其是公司法对经济参与主体门槛的降低和公司治理理念的调整,法人董事制度逐渐被关注,成为公司法研究领域不可忽视的问题之一。法人董事可以刺激法人投资的积极性,同时其也有如关联交易、席位瓜分、“安全港”等弊端。文章从法人董事本质角度出发,对此制度利弊予以分析,得出结论—法人董事产生弊端在于责任追究制度和公司程式,并非制度本身原因,最后笔者就董事责任追究制度提出自己的看法。
With the improvement of corporate legal system, especially the lowering of the threshold of the main body of economic participation by corporate law and the adjustment of the concept of corporate governance, the system of corporate director’s attention has gradually become one of the problems that can not be ignored in the field of corporate law research. Corporate directors can stimulate the enthusiasm of legal persons to invest, and at the same time, they also have the drawbacks such as related party transactions, seat division, and “safe harbor”. The article analyzes the advantages and disadvantages of this system from the perspective of legal person director and concludes that the defects of legal person directors lie in the accountability system and company program, which are not the reasons of the system itself. Finally, the author puts forward his own views on the system of accountability of directors.