The Construction And Consummating Of Disregard Of Corporate Personality

The theoretic meaning of corporate independent personality is that--the corporation is an independent main body, it has its ownindependent personality as the natural person does, so that the corporation can take the responsibility upon itself, its shareholders can take the limited responsibility. This is an important content of the modem company law system. Keeping to this system strictly can be very worthy for the economic development of the whole society. However in the current social and economic campaign, someone usually misuse corporate independent personality, they invade and occupy , transfer the corporation's assets, welsh , cheat creditor , disturb the normal economic order finally. Whereas protecting safe transaction is the most important mission of modem company law, so, it is necessary to adopt pertinence measure to stick up for creditors' legal rights and interests. So in particular instance, it is increasingly significant to disregard the corporate personality, and make the shareholders bear the corporation's debts directly.The disregard of corporate personality of china is consummating step by step, new Company Law of the People's Republic of China has been issued, the disregard of corporate personality has been stipulated formally. But in the process of developing the market economy, The disregard of corporate personality must be more perfect: consummate legislation basing on the fundamental prescript, research the applying condition an limit of the disregard of corporate personality, settle the problem that how to apply the disregard of corporate personality more skilled and precisely to solve the actual problem in the judicature practice.This article research the basal prescript of disregard of corporate personality, at the same time, certify the necessity of this system by analyzing the basal law theory comprehensively, apply the comparative method to analyze foreign theory of disregard of corporate personality ,and enumerate idiographic legislation of developed country. At last, bring forward how to apply the disregard of corporate personality to solve the problem of company in judicature practice of our country.