Disregard Of Corporate Personality In Our Judicial System And Its Application

The independent personality of the company is an important basic content in modern corporate law system, Strictly following the execution of this system has extremely significance for promoting the development of entire social economic. However,in the current economic activity domain,some people used the characteristic of the company independent legal personality,and engaged in the illegal management and benefit,and even escaped the responsibility and liability in law.Thus this has harmed creditors legitimate rights and interests,destroyed the normal social economy activity order.Therefore,we must take the pertinent measure in 1aw,for proteccting the creditor's legitimate rights and interests,maintaining the security of the social transaction order.So under some special condition,it's very important for denying the legal personality of the corporate,and going behind the responsibility of the correlated people.The acknowledgment and application of the independent personality of the company has only solved the problem"set",if the company shareho1ders abuse the corporation personality,we should deny the independent personality of the company,and this is the problem of"broken".Both of two sides are very important,and how to perfect the theory of corporate is depending on the scale in this two sides.Alone with the consummation of the disregard of the corporate personality in China,the theory has ordained officially in new company law in China.But in the process of the fast developing market economy,the corporate system needs more consummations,involved adding the legislation after principle stipulation foundation,researching the application element and restrictions in the disregard of corporate personality,solving the actual company problem by the disregard of corporate personality more skillful in judicial practice.In this paper, basic theory problems about disregard company when research, through to the legal basis comprehensive analysis, proved the company disregard necessity and theoretical basis. Application of foreign comparative method about company personality deny theory doctrine was analyzed, and lists the developed countries of the specific legislation and case. In our country puts forward how to judicial practice application companies personality deny methods to solve practical problems, in the light of practical judicial, summarizes the in judicial practice for companies in disregard of the general situation and the special circumstances, at the same time to hear the case encountered in the process of some of the more typical cases, analysed the disregard for the company in judicial practice, the application provides guidance and reference.