论文部分内容阅读
金融机构负责人的忠诚义务从广义上理解,具体包括忠诚义务、注意义务以及与金融机构特征相联系的服从义务和特定的法定义务;法律界普遍认为金融机构负责人对自己服务的机构和社会应承担比普通商事企业负责人更高的忠诚义务。笔者在文中较为详细地分析了金融机构负责人具体内涵,以及违反忠诚义务应负的法律责任、责任方式,提出应加强对金融机构负责人民事赔偿责任的追究。
The loyalty obligations of the heads of financial institutions are understood in a broad sense, including the obligations of loyalty, duty of care and the compliance obligations and specific statutory obligations associated with the characteristics of financial institutions. The legal community generally holds the view that the heads of financial institutions should pay attention to the institutions they serve and the society Should assume higher loyalty obligations than the heads of ordinary commercial enterprises. The author analyzes in more detail the specific connotation of the person in charge of financial institutions, as well as the legal responsibility and the responsibility mode of breaching the loyalty obligations, and puts forward that the investigation on the civil liability for compensation of the persons in charge of the financial institutions should be strengthened.