The Legal System Of Denying Company Personality And It's Inspire To China In The Eyes Of Comparing Law

The independence of legal personality of company, as an important content in modern legal system of company, has extremely important significance to develop the economy of whole society. However, the independence of legal personality of company also has the possibility to be apply to evade the legal obligation what should be taken, and to engage illegal business and to obtain illegal benefits, which not only could damage the legal advantage of company's creditor, but also could havoc the normal society order of economic activities.So, most states of the ocean legal system and continent legal system regulated the legal system of denying company personality in their company law, which not only has the positive significance to remedy the relationship among the company shareholders, company's creditors and social commonality benefits, to settle many"problem company"during the time of economic development, but also could ensure the legal system of company legal person to develop healthily with the established value goal.This dissertation will introduce systematically the legal system of denying company personality in some important states of ocean legal system and continent legal system, on the basis of analysis in fundamental theoretic problems such as the meanings and characters of denying company personality, and point out the similarities and differences and their basic rules of the legal system of denying company personality in these states by comparison, and analyze the differences and disparity about the legal system of denying company personality between these states and China, and last but not least, put forward the existing problems and their forming reasons of our legal system of denying company personality in China, then, bring forward the systematic thinking and measures on the lays of legislation and justice to develop our legal system of denying company personality in China .