On The Disregard Of Corporate Personality Applying In China

The corporate is the most important organization at present. The company's personality and the shareholds' limited responsibility are the basis of the system of company. It realizes the conglomeration of capitals, the abatement of company's benefit However, with the eveloping of economic, the company's personality gives rise to lots of problems , this is "the alienation of the company system".With the developing of economic of China, the company system which regards the company's personality as the core has achieved important superiority. However, it is stringent to study on the problem of "the alienation of the company system", escpecially in this stage of the half-developing of Chinese company system.This text aims at the phenomena of "the alienation of the company system" ,by analyzing the necessary and feasibility, and combining with the legislation and the applying of law . Based on that result, we put forword the preliminary suggestion of establishing a applying system in China, in order to give some advice of the adjustment of Chinese company system.Firstly, we generalizes the formation and valuation of the theory. In this segment, with the problem which derivated by the superiority of company's personality, it points out the formation of this theory, then, it summarizes the valuation of this theory.Secondly, the thesis precedes the further analysis of the rules, which is made up of the legislation and the applying of law. And based on that, we point out the necessity and feasibility in China.Furthermore, we establish the preliminary assumption of this theory applying in China, this is , "the judicial definition of law is the first, the statutory is the second". Correspondingly, this program is firstly using the judicial definition of law to confine this theory's respective applying, then, secondly establishing detailed applying in China by the statutory when the condition is opulent.Finally, the thesis points out several problems which should be payed attention to. It is made up of four aspects: first of all, the negation of appellation;secondly, the principle of the cautious applying; thirdly, the three problems which should be payed attention to; finally, the improvement of this theory by modificating some laws, such as the insolvency law.