Application Of "Lifting The Corporation Veil"

In the worldwide, shareholder's limited liability is the fundamental in corporation law, and doctrine of lifting the corporation veil is generally regarded as an exception and beneficial supplement to the shareholder's limited liability. Until the enforcement of the new corporation law in P.R.C, there is no legislation about the doctrine of lifting the corporation veil in P.R.C. However, using the traditional method studying law has got into incertitude and illegibility. The courts lose confidence and determination in applying the doctrine of lifting the corporation veil. The criterions in different courts have big differences. The author tries to analyze the doctrine of lifting the corporation veil by using economic analysis method and wants to find the proper application of the doctrine in P.R.C.The whole dissertation is composed of 3 chapters. The route of the dissertation is proposing question, giving the analytic method, analyzing the question, solving the question. The author especially discusses the economic analysis of the application of the doctrine and its application in P.R.C.Chapter1, introduction and comparative analysis of the doctrine of lifting the corporation veil. After introduction and analysis of the common law, the continental law and the P.R.C law, the author finds that a new analytic method is needed. Because abstract and illegibility can be got rid from the traditional juristic analysis.Chapter2, economic analysis of the doctrine of lifting the corporation veil. This chapter is an important of this dissertation. At first, the author introduces the connotation of economic analysis of law. The author also gives the reasons that why he chooses the economic analysis method and shows its superiority. Secondly, the puzzles in the theory and judicial practices of lifting corporation veil have been solved by using economic analysis method. The author proposes to study the doctrine by balancing cost and efficiency. The author analyzes the application of doctrine in different types of corporations and in debts resulting in various reasons. The types of corporations are closely held company and publicly held company. Different debtors are voluntary debtor and involuntary debtor. It shows the differences between the economic analysis method and the traditional juristic analysis method.Chapter3, application of the doctrine in our country. This chapter studies and discusses the application of the doctrine in our country using the theory and method of economic analysis. In reference to"corporation law"and"securities law", the author discusses how to apply"lifting the corporation veil". At last, the author deliberates some traditional theory and opinions. This chapter has some guidance to the judges.