Study On The Applicability Of The Disregard Of Corporate Personality System

The Disregard of Corporate Personality system is an essential component of contemporary company law system, the effect is to make up the deficiency of Independent corporate juridical person personality system , thus to uphold thebasic values of law------fair and just. The Disregard of Corporate Personalitysystem overcomes the flaws of the Shareholders limited liability system, and improves the company law system. With increasing maturity of the Disregard of Corporate Personality system in western countries, more and more people begin to care about it. In our country, the new Company Law of the Peoples Republic of China has regulated the Disregard of Corporate personality system, it marks the establishment of Disregard of Corporate personality system in China, and it is an important light revised point establishing the Disregard of Corporate personality system in new company law. This system has provided a legal basis for the case about abuse the Corporate personality, it is going to benefit for perfecting corporation system in China, In order to play the effective role of this system, it could still be realized though the justice performance. Thus how to apply this system in order to have its own influence on justice practice becomes the key point. The new Company Law has identified the use of this doctrine in China, but the relevant regulations are still imperfect, and cannot effectively solve the problems on shareholders' abusing independent personality and limited liability system in China. Therefore, practical measures must be taken to improve this system, so as to make sure that its function can be fully brought into play. This article aims to investigate and probe into the application of Disregard of Corporate Personality system in China by using theoretical analysis and comparative study methods. We can get some revelations based on the academic study of the said system and comparative study of the legislative and judicial practices and the experience of other countries, concluding the types of the system in our country, and proposing how to implement and consummate the system of Disregard of Corporate Entity in the PRC, hoping that it could be of some help to the improvement of this doctrine in China. The article by investigating and comparing the application of disregard of corporate personality in U.S., Britain, German and Japan, China may draw on the experience as folio wings: on one side, the applicable scope of this system should be strictly limited in order not to be abused. On the other side, the application of disregard of corporate personality should be regarded as an exception, the court should try its best not to lift corporate veil if problems can be resolved according to other relevant law. And then, we though the important document and the type and exception of the disregard of corporate personality to dental research this system. At last, there is an analysis of its legislation status and deficiencies in China, and suggestions on the improvement of this doctrine in China.