What is the basic approach of the corporate responsibility system?

1. Two Levels of the Limited Liability System.

The modern limited liability system of the company mainly includes the meaning of the limited liability of shareholders and the independent liability of the company

The first is the limited liability of shareholders, that is, shareholders are liable to the company to the extent of their capital contributions. Shareholders have the obligation to pay capital contributions to the company on time, and after the completion of the shareholders' capital contribution obligations, they have completed all their responsibilities to the company, and the shareholders are not directly responsible for the company's debts, and there is no direct contact with the company's creditors, which is the true meaning of the limited liability of shareholders. There are two points that need to be clarified here:

First, limited liability refers to the limited liability of shareholders; In the case of a company, the company shall be liable for its debts with all its assets. China's "Company Law" clearly stipulates that the shareholders of a limited liability company shall be liable to the company to the extent of their capital contributions, and the shareholders of the shares shall be liable to the company to the extent of their shares, which shows that China's legislation believes that shareholders are only responsible for the company with their capital contributions or shares, and are not liable for the company's debts.

Second, the responsibility of shareholders is the responsibility to the company, not to the company's creditors. The essential requirement of the independent personality of the company is the independent responsibility of the company, thus excluding the direct connection between the shareholders and the debts of the company, and the creditors of the company are only the creditors of the company, not the creditors of the shareholders; Shareholders are not liable for the company's debts unless the legal personality of the company is denied.

The second is the independent liability of the company, that is, the company bears independent liability for the company's debts with all its assets. Independence here first means that the company's responsibility is independent of the personal responsibility of the shareholder, the property of the shareholder after the capital contribution forms the company's property, the company is liable for its debts with all its property, and the shareholder completes all its responsibilities to the company after completing its capital contribution obligation, and is not responsible for the company's debts in principle. Secondly, the liability of the company is independent of the responsibility of the company's officers and staff, and the directors, managers and other employees of the company carry out external business activities on behalf of the company within the scope of their authority or authorization, and the liability arising from their actions is borne by the company, while the directors, managers and other employees of the company are not liable for the debts of the company.

2. The function of the limited liability system.

The reason why the limited liability of shareholders and the independent liability system of the company is so valued is mainly due to the following functions it has:

The first is to reduce and diversify investment risks. On the one hand, under the unlimited liability regime, investors may risk that their entire assets will be affected to repay their debts due to a small failed investment. Limited liability minimizes the risk of shareholders by reducing the risk of their investment to the limit of their investment amount, and even if the company owes a large amount of debt, in principle, it will not pursue the liability of shareholders other than its capital contribution, which minimizes the investment risk of shareholders.

On the other hand, the limited liability system also promotes shareholders to diversify their investments and directly diversify investment risks, and shareholders can also freely transfer their capital contributions, so that shareholders can transfer their investments and diversify risks in a timely manner according to market conditions.

The responsibility system refers to the management system in which the work is carried out by a special person and the scope of responsibility is clarified. The responsibility system in the enterprise can be divided into two types: 1. Departmental responsibility system.

It is a responsibility system for a management department in the enterprise. For example, the responsibility system of production, planning, quality, and other functional departments in the enterprise should stipulate the basic responsibilities, scope of work, authority, and collaboration relationship of each functional department. 2. Post responsibility system.

Due to the different objects, the post responsibility system can be further divided into the post responsibility system for management personnel, the post responsibility system for workers, and the post responsibility system for leading cadres. Article 14 of Chapter 1 of the Constitution of the People's Republic of China stipulates: "The State shall continuously raise labor productivity and economic returns and develop social productive forces by raising the enthusiasm and technical level of laborers, popularizing advanced science and technology, improving the economic management system and enterprise management system, implementing various forms of socialist responsibility system, and improving labor organizations."

Legal basis. Article 14 of Chapter 14 of the Constitution of the People's Republic of China The State shall continuously improve labor productivity and economic efficiency and develop social productive forces by enhancing the enthusiasm of laborers and promoting advanced science and technology, improving the economic management system and enterprise management system, implementing various forms of socialist responsibility system, and improving labor organizations.

Hello, the responsibility system is a system that specifies the scope of work, responsibilities and corresponding powers of various departments and all types of personnel within the enterprise.

The purpose of establishing a responsibility system is to clarify the tasks and requirements of each department and post on the basis of a reasonable division of labor among the employees of the enterprise, and to link the myriad of tasks in the enterprise with thousands of people, so that "everyone is in charge of everything and everyone has a special responsibility."

"Responsibility system" not only runs through the system itself, but also focuses on the summary and evaluation process. It is an administrative act that implements accountability through the evaluation and assessment of individual or departmental work items based on the original or revised plan. The purpose of implementing the responsibility system lies in the survival of the fittest, rewarding the good and punishing the lazy, promoting the advanced, and examining and approving backwardness.

The methods for implementing the responsibility system are: 1. Formulate a scientific and reasonable post responsibility system; 2. Assess the responsible person according to the provisions of the responsibility system.

According to the requirements of the market economy, the organizational form of modern enterprises is divided according to the organizational form of property and the legal responsibilities they bear. Internationally, it is commonly classified as: sole proprietorship, partnership, and corporate enterprise.

1) Sole proprietorship.

Sole proprietorship, also known as "single owner" in the West. It was founded by a certain person, and there is a lot of freedom, as long as it is not illegal, how to run the business as you like, how many people to hire, how much to borrow, all up to the owner himself. Earn money, pay taxes, and obey the distribution of the owner; The loss of capital and debts are all covered by the owner's assets.

Many of the country's self-employed and private enterprises belong to this category.

b) Partnerships.

A partnership is an enterprise founded by a few, dozens, or even hundreds of people who join forces to jointly fund and start. It is different from a corporate enterprise with separation of ownership and management. It is usually organized according to contracts or agreements, and the structure is relatively unstable.

The partners have unlimited liability for the debts owed by the partnership as a whole. A partnership is not as free as a sole proprietorship, and decisions are usually made collectively by the partners, but it has a certain scale advantage.

The above two types of enterprises are natural person enterprises, and the investor bears unlimited liability for the enterprise.

3) Companies.

A company is an enterprise founded by the separation of ownership and management rights, and the investor bears limited liability for the company according to the amount of capital contribution. It mainly includes limited liability companies and shares.

A limited liability company refers to a company that is not established by a small number of shareholders (generally established by more than 2 shareholders and less than 50 shareholders) without issuing **, and its capital does not need to be divided into equal shares, and shareholders are subject to certain restrictions when transferring equity. In a limited liability company, directors and top managers tend to have shareholder status, making the degree of separation of ownership and management not as high as that of shares. The financial status of a limited liability company does not need to be disclosed to the public, the establishment and dissolution procedures of the company are relatively simple, and the management organization is relatively simple, which is more suitable for small and medium-sized enterprises.

The total registered capital of the shares is composed of equal shares and the capital is raised through the issuance of ** (or equity certificates), and the company bears limited liability for the company's debts with all its assets. (There should be more than 2 people and less than 200 as promoters, and the minimum amount of registered capital is RMB 5 million) Its main characteristics are: the company's total capital is equally divided into shares of equal amount; Shareholders have limited liability for the company with their subscribed shares, and the company is liable for the company's debts with all its assets; Each share has one voting right, and shareholders enjoy rights and assume obligations with their shares.

Its essence is also a kind of limited liability company).