The Conception Of Disregard Of The Corporate Personality System In China

Disregard of the corporate personality is the supplement and improvement to the dependent system of the Corporate personality, but nowadays in China, in fact, there are mistakes in theory, limitations on legislation and embarrassment in practice. The key of constructing disregard of the corporate personality lies in the comprehensive consideration of the scale, occasions, key factors adopted and the forbiddance of abuse. It will contribute more to the improvement and development of the corporate personality system if we can admit that the effect of disregard of the corporate personality is the dialectic combination of relativity and absolute. Disregard of the corporate personality focuses on virtual research instead of formal textual research. On the lack of capital, we should not only think about whether the registered capital is substantial, but also probe into the relationship between the capital of company and the amount of capital requested by the business. In judicial practice, judges should consider the position of censor rightly and fully bring the important effect of disregard of the corporate personality into play. Besides, the function of the basic principles of civil law also should be exerted, such as the principle of faithfulness and credibility, principle of forbiddance on abuse of right and principle of public orders and good customs. It will be better if they try to adopt the theory of disregard of the corporate personality into cases. As to the aspect of legislation, reasonable factors of the legislative and judicial patterns oversea ought to be used for reference so that the system of disregard of the corporate personality can finally be established in the pattern of law of constitution in China.