The Application And Consummation In Disregard Of Corporate Personality

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 economy. 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 creditor's legitimate rights and interests, destroyed the normal social economy activity order. Therefore, we must take the pertinent measure in law, for protecting 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 shareholders 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 this year. 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 the basic theoretical research on the disregard of corporate personality, the article can prove that the system of disregard the corporate personality has necessary theoretical basis. I analysis the theory abroad and enumerate the legislation and case in developed country, and finally, the article advised how to solve the real company problem by the disregard of corporate personality in judicial practice in China, and it is necessary for the rapid development of the market economic, but also improvement of our legal system.