公司发起人民事责任制度研究法学专业论文.docx

1 1 2 2 Abstract Promoter is the most important part among three elements in incorporation of company.Acts conducted by promoter in process of incorporation may have tremendous influence upon the Promoters. themselves,the third party in connection with acts of incorporation of company,wether company can legally established or not,company in benign working after incorporation and economic order of the market.Therefore,a furtherstudy on civil liability of promoter in process of incorporation company will be of great significance both in theory and practice.With reference to the relevant data and documents and starts with the active rules and regulations stipulated in Company Law of PRC,the paper discusses the civil liabilty of promoter in process of incorporation of company. The paper has twenty thousand words,and which is divided into two parts hereinafter the introduction: Firstly,liability of capital contribution by promoter.liability of capital contribution by promoter consists of liability of pooling capital and liabilty of default of providing capital.liability of compensation for damages pertains to liability of pooling capital by promoter,which should be subjected to non-negligent liability principle.Promoter borne liability of pooling capital aternatively may, exercises the rights of recourse against the promoter of default of providing capital to remedy its rights and interests.liability of default of providing capital by promoter is deemed as a breach of contract against the company,and principle of debtor defaults provided in Contract Law may be applied where promoter of default of providing capital be held liable.Specific to diverse nonperformances of capital contribution, the company may remedy its rights and interests through exercising procedure for power-losing, rights of recovering capital contribution,rights of claiming compensation for damages.Rules and regulations stipulated in Company Law of PRC failed in this respect and shoule be desired therei