The Theory And Application Of Disregard Of Corporate Personality

Although the theory of disregard of corporate personality is used widely in market economy countries, it has just been studied for recent years in the circle of theory in China. The relevant study and introduction by the scholars shocks the judicial workers, and it provides a new world to solve the issues of abuse of corporate personality in practice in China.The reason of choosing the subject is that in recent years' practice author always meet cases of abuse of corporate personality and feels puzzled. When first touching the theory of disregard of corporate personality, author pay attention to relevant cases. In the thesis, I try to seek the countermeasures and put forward preliminary proposals though finding the reasons of abuse of corporate personality in China.The thesis consists of five chapters.Chapter 1, Introduction to System of Corporate Personality, introduces the formation, connotation and character of the system of corporate personality, and analyzed the value and shortage of it.Chapter 2, Introduction to the Theory of Disregard of Corporate Personality, introduces the connotation, theory basis, character and related theories of disregard of corporate personality, and forms the basic understanding of the theory.Chapter 3, Application on the Theory of Disregard of Corporate Personality, introduces the condition and occasions on applying the theory of disregard of corporate personality, and compares the legislativb and judicial mode in different countries. These provide examples for establishing the system of disregard of corporate personality in China.Chapter 4, the problems existing in the course of adopting corporation system in China and the Necessity of Establishing the System of Disregard of CorporatePersonality, makes a classical analysis on the phenomenon of abuse of corporate personality in China, and explores the reasons of the abnormal situation on corporate personality in China. Moreover, in combination with the relevant legislative status in China, this chapter illustrates the necessity of establishing the system.Chapter 5, the Presumption of Establishing the System of Disregard of Corporate Personality in China, puts forward the presumption and proposals on establishing the system of disregard of corporate personality in China in combination with foreign theories and experience of legislation, and indicates many issues that should be noticed.In short, the thesis come to conclusion that the System of Disregard of Corporate Personality should be established in China timely to perfect the corporation systems, thus it can assure a healthy legal environment for socialist market economy and regulates more legal transaction by market subject, and provide legal protection in case of the tort by abuser of corporate power and right.