| Of all the legal systems that prop up modern market economy, the corporate personality system is a mainstay doubtlessly, and the three major pillars of the corporation system, the property of the corporation separated from the shareholders' property, a independent personality the corporation having, and the undertaking limited liability for the shareholder, which have vigorously promoted all the business transactions to carry through efficiently and the property right to increase its value in flowing. Especially as the two foundation stones of the corporate personality system, the independence of corporate personality and the principle of shareholders' limited liability take a"double blade sword"function in corporation law. When people are efficiently pursuing economy value, at the same time, in the course of property right flowing, some ethic values like equity and justice are being neglected in different degree.Under normal conditions, the corporative property is independent, and the liability is independent, further more the property independence is a premise and basis of the liability property. By virtue of the layer of"veil", the shareholder can be avoided of being charged by creditors. But for the sake of preventing the shareholder evade legal or contractual duty in abusing the corporation form, the corporate personality system would be of no effect. At this time, it brings the system of disregard of corporate personality into being. As the other important content of corporative system, it is called"lifting the veil of the corporation"or"piercing the corporation's veil"in England, America, Germany and Japan. It is British and American law departments and the continent law department nations abuse the company legal person independent personality and limited liabilities to the company shareholder, but the equilibrium measure that adopt, is to the complement and new developments of the traditional company legal person system. As an important innovation of corporative personality system, the system of disregard of corporate personality and the corporative personality system are two poles, which are interaction and lean each other, it will play an important role to redress the equity and justice. It is unnecessary cause the corporation bankrupt. The bankruptcy of a corporation is the end of the corporative personality, while the method called disregarding of the corporation personality is no mean by taking no cognizance of the independence of the shareholder, and the corporation under a certain case to uncover the corporation veil temporarily, and to let the shareholders behind the curtain come to the stage to bear the burden of discharging the related obligation directly, when the case is finished, after a reconstructing, the corporation personality is saved.Nowadays the developed countries adopt the doctrine in succession, and it forms a systemic theories. In our country, though there is dispute in theory field, most scholars think that it's necessary to introduce the theory into our country. The newly enacted Company Law adds a new article that shareholders would be responsible for the corporate debt when they abuse the privilege of corporate entity and limited liability. In practice, judges would face much difficulty in applying this article because this article gives little guidance. So it is inevitable to abusing the system of disregard the corporate entity.Owing to Chinese judges of the code of thinking, the impact of the balance of skills, the system of disregard of corporate personality deviated from its legislative purpose"to prevent company's shareholders abusing of limited liability and damage of creditors'interests, company, social interests."The reasons for the system of disregard of corporate personality anticipating in our country: China's legal system itself is not perfect; the role of judges in the case is different in different countries; the balance artistry of Chinese judges in the case, making the results of cases can not be fully applicable legal system.
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