Four Major Offense And Defense Of Corporate Legal Person Being Dereliction Of Duty

The corporate juridical person, from birth to death, is watched and concerned by the invisible Hawk Eye. Therefore, the legal person is malfeasance After choice, with the help of public force relief We should make specific choices according to different modalities.

Being suicidal, being employed, being well off, being mentally ill, being represented... "XX" has become a hot and tragic word nowadays. "XX" reveals not only the discontent, helplessness and weakness of the weak side, but also the current social disorder with power control, moral distortion and quick success and instant benefit. Well, under power, dereliction of duty. enterprise How do we start self defense counterattack?

Legal persons can be divided into organs, legal persons, public institutions, social organizations, and legal persons. Under normal circumstances, the company's corporate legal person is the basic manager of the market. The role of supervisory and management at the basic level in the tide of the market is not related to the state regulatory agency. It is in a very dangerous position. The corporate legal person is the most vulnerable person compared with other legal persons. So the possibility and reality of being bullied by power is the biggest.

Why is a legal person dereliction of duty? In terms of word sense, dereliction of duty is the act of state organs staff abusing their powers or neglecting their duties, resulting in serious losses to public property and the interests of the state and the people. Therefore, the dereliction of duty of a legal person is the fact that a legal person damages the interests of the legal person due to the abuse of power or dereliction of duty by the staff of state organs in the case of unwillingness, untruth or ignorance. Generally speaking, the strength and power of representatives of state organs and their staff control the resources, dominant positions and powers of all aspects of social relations, especially when the concept of official standard is deep-rooted and the rules are being overruled. Powerful people are bullying people, abusing resources and powers, or slack in fulfilling their statutory duties. They often result in eroding, plundering or swallowing the interests of those who are managed, supervised and guided.

"Know the enemy, know yourself, fight all the battles, do not know others, and win the battle." This military motto comes from Sun Tzu's attack chapter written by Sun Wu, the originator of ancient Chinese military strategist. This maxim applies equally to how a legal person should deal with and fight against a dereliction of duty. To know whether you will be dereliction of duty and whether you have been dereliction of duty, you must first know your weakness. Who will dereliction of duty? How do you abuse your duty?

If we want to know our weak links, we must look at the growth process of the legal person. After the establishment of a company, the main activity is operation. The law stipulates many commercial and economic administrative rules, such as accounting law, tax law, anti unfair competition law, insurance law, negotiable instrument law, financial law, contract law, labor law, social security law and so on. These rules are regulated, controlled, grabbed or even forced to be expropriated and expropriated. Therefore, in this process, the legal person may damage the interests of the company because of the abuse of authority or dereliction of duty by state organs and their staff. Even if the company's litigation activities such as prosecution, litigation, and termination activities such as dissolution, bankruptcy, bankruptcy, liquidation and other termination activities, the state organs' authority activities are also closely penetrated into all pores. It can be said that, from birth to death, the legal person is watched and concerned by the invisible Hawk Eye.

The foregoing refers to the activities of the general juridical person. Due to the difference in profession, industry and operation, the legal person is also specially focused in certain areas. For example, the cultural management department is the cultural media legal person and audio-visual legal person, the fire department is the fire-fighting equipment legal person, the quality supervision department is the commodity production and operation legal person, the SFC is listed company and the securities company, the customs, the inspection and Quarantine Bureau in the import and export company, the agricultural management department in the agricultural product (16.21, -0.19, -1.16%) production and operation company, the land property management department in Real Estate Company, and so on. The specific power in these specific fields is like the claws of a company's heart at any time. Once it is launched, it will attract deep harm. To sum up, it can be concluded that the act of a legal person needs to be dereliction of duty through administrative approval, certification, supervision, guidance or guidance by the state organ. From a broad perspective, legal persons are also subject to the legislative, judicial, Party committees and autonomous organizations.

So, how can a legal person defend himself against a dereliction of duty?

First, the path of self-help. This path can be called self reliance. Generally speaking, there are two ways for the legal person to pass the law. One is to ask the infringer directly to identify the malfeasance and to compensate for the loss. First, it is to sue the court. The way of making a request directly to the infringer is relatively small, because the offender is often obstinate and stubborn, based on his old habits or self preservation, and even if he knows it is difficult to take his blame off, he will not bow down and admit his mistake, or he will be perfunctory or even worse. In short, the effect of this method is often not ideal. Another way is to bring civil action or administrative litigation to the court (with incidental civil action). If the facts of dereliction of duty are positive and the evidence is sufficient, the legal person's victory is still very large.

Two, the public force relief path. We can call this path a tool for killing people. It is through the exercise of the public power of the relevant organs of the state that the dereliction of duty person shall bear certain responsibilities (including administrative, disciplinary responsibilities or criminal responsibilities) and give relief to the dereliction of duty of the legal person's impaired interests. This method seems to depend on others as a legal person. In fact, it is not. Borrowing is a positive action in itself. So how does a legal person borrow a knife? There are many ways and means. One is to complain to the unit or leader of the dereliction of duty; the two is to accuse the unit in charge of the dereliction of duty unit, the higher unit and its leaders; three, to accuse the Party committee, the government, the CPPCC, the NPC and its chief officers; four, to accuse the specialized agencies for investigating and dereliction of duty, and the specialized agencies are mainly the people's Procuratorate's anti dereliction of duty Bureau and the discipline inspection and supervision department of the Party committee and the government. The choice of way is different because of the object. Therefore, after the dereliction of duty, the legal person should choose the public remedy to make specific choices according to different modalities.

Three, social relief path. This path is called friendship solidarity. It is through the various social subjects, mainly refers to the legal person's industrial alliance or group, authoritative organization, individual and so on intervention and the pressure, causes the dereliction of duty person to give in and to make concession, causes the legal person therefore to receive the compensation.

Four, public opinion relief path. Popularly speaking, this path can be called "anger". At present, the era of digital information is ubiquitous, and digital information penetrates into all fields of human life through high-speed developing networks, media and communications. After being dereliction of duty, a company's corporate juridical person can use the product of the information age, public opinion, to fight for himself and win the support of public opinion. In this way, we must pay attention to the remedy, that is, the legal person must follow the facts, and do nothing to achieve the goal. Otherwise, the direction of public opinion may turn around. At the same time, it is also necessary to avoid seeking the benefits of public opinion and turn to the 50 Fen party at will.

The above mentioned relief path can be exercised by a legal person, and it can be dealt with in multiple combinations and combinations. As to how to choose, we should take a comprehensive judgement of the specific dereliction of duty. If it is certain that there are difficulties, we can turn to people, judicial workers or legal experts who are well versed in it.