On The Legal Liability Of Transnational Parent Corporations On Subsidiary Corporations

With the division of labor in society and constant internationalization of cooperating, as the result of international investment, multinational corporation is playing a more and more important role on the international economic stage. The inside and exteriors of the trans-corporation makes a lot of legal relations more and more complicated, among which the most important thing is the legal relation between the parent corporation and subsidiary corporation. Independent character and consistency on the economic relation on the legal relation between parent corporation and subsidiary corporation of the multinational corporation, to realize its global strategy interests, this contradiction makes parent corporation abuses its control power to the subsidiary corporation, confuse through the assets, through the inside price shifting, returning way the fund or other property, empty shell, etc., avoids their legal obligations, damages the interests of the subsidiaries ' creditors. So, the legal liability question of parent corporation loan with subsidiary corporation is the urgent problem.Though the legal liability question of parent corporation loan is paid close attention to by international community all the time, the international community has not reached a unified result on this question. As regard of our country, the research about this question is still at the starting stage. For meet the request of the economic globalization development and avoid their legal obligations maliciously, launching overalland deep research to this question have a great theory and realistic meaning.On the basis of explaining multinational corporation' s intension and defining relation between parent corporation and subsidiary corporation of the multinational corporation, by analyzing and studying of various countries corporation law theory and corporation' s legislating and judicial reality, this text has described the principle and cause of legal liability question of parent corporation loan. Finally, combining the actual investment circumstance of multinational corporation and corporation' s legislating and judicial reality of our country,the article proposes that we should introduce disregard of corporate personality juridical person on the premise of insisting on shareholder's limited responsibility principle in corporation law of our country, protecting legal rights of subsidiary corporation and its creditors.