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与旧《公司法》相比,我国现行《公司法》规定的董事、高管人员的义务大大增强,董事、高管人员因执行公司业务而受诉的情形也将大为增加。然而,可以为董事、高管人员提供切实保障的董事责任保险,在我国极少被运用,众多的诉讼将成为董事、高管人员难以承受之痛,造成此一现状的诸种原因中有关董事责任保险立法不健全是一重要因素。本文从保险费缴纳主体、保险责任范围等方面提出了完善之建议。
Compared with the old Company Law, the obligations of directors and senior executives stipulated in the current “Company Law” of our country are greatly enhanced. The cases of directors and senior executives appealing for the execution of the Company’s business will also be greatly increased. However, the directors and senior executives can provide effective protection of directors’ liability insurance, which is seldom used in our country. Many lawsuits will become the unbearable pain of directors and senior executives. Among the reasons for this situation, Liability insurance legislation is not perfect is an important factor. This article puts forward the suggestions for improvement from the aspects of the main body of insurance premium payment and the scope of insurance liability.