X-ray The Japanese Legal Transplant From The Formation Of The Japanese Disregard Of The Corporate Personality

Japan is our neighbor country, which one is both strange and familiar to us; it has a complicated relationship with our country for thousands of years. In the latest 100 years, it became one of the world's most important developed capitalist countries from a resource-poor island, as an example, it is very worth studying for us. Japan's law is also extremely characteristic. In Japanese the history, there are three major legal transplant tides:the "Taika Era reforms" in the 7th century, "Meiji restoration" in the 19th century, and the legal reform after the World War II defeat. These three legal transplant tides have made great achievements in the development of the Japan's society. Japan's legal transplants as a successful example have been an important object for the world including Chinese scholars. But, although there is lots of Japan's legal transplant research, these studies are against Japan's overall legal system or a legal system, these theories are too broad; Meanwhile, because our country's socialist legal system has been established, transplants a full-length law may also has ceased to exist, so these broad research for our country's legal transplant practice meaning also is very limited. In the view of this situation, the author chose a specific law——Disregard of corporate personality to study, research its successfully transplanted process, the factors and experience, to analyze the real reason for its success, and find some Suggestions for our country's legal transplant.The first part of the article mainly describes the general legal transplant situation in Japan, the Japanese law history can also understand as the Japan's legal transplant history from some extent. The main content of the legal reform which significant influence in Japan's history is transplant legal systems from advanced countries. During the "Taika Era reforms", Japan transplanted tang regulation system and ushered in feudal society; After the "Meiji restoration", Japan study Germany and French as samples, established the modern legal system, and quickly become a new capitalist power; After the failure of World War II, Japan complied with Anglo-American law and reformed again, completed its legal modernization process, Japan also adjusted the attitude rapidly, completed the economic recovery and great-leap-forward development, became the world's second-largest economy system. Disregard of corporate personality system is one typical system of the legal transplant Japanese company law, the system originated in Anglo-American law "uncover the corporate veil" system, introduced by the Japanese scholars in due to targeted solved Japanese significant abusing independent company personality, so the case was warm welcome by lawyers, but there are some obstacles in judgment situation, so the Japanese court had been negative treated it for a long time, until 1969, the leading case establishment of this system applicable, and truly developed and formed their own legal theory system in Japan.The second part of the article using the basic theory of legal transplant to research the Disregard of corporate personality system's development process and situation analysis, study the two situations of the Disregard of corporate personality. While in this system is analysis of political, economic, cultural and diplomatic reasons for it. Know that Japan after the defeated and had dependence and compromise by American.so the case law in Japan found survival soil. This lead to be the regard of corporate personality system in Japan became a case law. Understands Japan after World WarⅡ, Japan's economic recovery rapidly and the Vietnam war for market in great demand, cause the market have sprung up a lot of one-man company and group company, a large number of main body exist that make independent company personality abuse the situation has consequential, this economic situation ordered Disregard of corporate personality. But Japan's traditional culture made Disregard of corporate personality in Japan became a location system.The third part of the article is the research of the Japanese Disregard of corporate personality system's ideas and experience, mainly including the legal scholars become pioneers to introduce this system, and numerous lawyers it the nucleus of this system's introduction. The open legal transplant thinking ways, the Japanese are good at the reconstruction and the combination; make this system into its own characteristics. And Disregard of corporate personality system itself as a company law system is established in market economy, make it in the process of the applicable with the same basis, and the transplant also have natural advantage. Our country as a legal system major developing country, many legal system transplantations also have some shortcomings, so the success of Japanese Disregard of corporate personality also is a good sample, understand the concept of Japan, also can refine out a lot of worth some experience for our country's reference.