| Since 1990's,more and more research is done on the theory of disregardingcorporate's legal personality among China's scholars It's almost agreed that theintroduction of this theory is needed so as to make up the defects of limited ciabicityand refrain the shareholder's act of misusing cooprate's legal personality Yet theauthor has different opinion. This thesis has four parts which respectively analysesthree so-called grounds of arguments and the author's own legislative planIn the first part,the Pract1ce,featuers and reasons of this theory in U S A.Bntain. Germany and Japan are analysed. A conclusion is then drawn that there's noshared regulation and theoriesIn the second ped, China's relevafit political laws and Judiclal interpretation areanalysed. It's pointed out that China still holds pnnciple of limited liability which isdifferent from the theory of repudiating corporate's legal personalityIn the third part, the relationship between theones of disregad of corporate'slegal personality and limited liability is elabotated. It's held that the essence lf limitedliability is the investor's lumpsum contflbution obligation towards the corporateWhen his legal status cboges, the investor's inlegal act as shareholder can't beprotected by limiter liability Nevertheless, it's unnecessary to look into relevantshareholder's unlimited liability by means of disregarding corporate's legalpersonalityIn the fourth part the main acts of mlsusing corporate's legal personality isclasslfied and some proposals are put forward... |
