Justice Application Of Disregard Of Corporation Personality

The core of modern company system is independent Corporation personality and shareholders limited liability. From the point of encouraging investment, it achieves maximum profits. With independent Corporation personality, the company plays a special role in encouraging investment,protecting shareholders' interests and promoting economy progress. However, the abuse and absolutization of practising independent Corporation personality makes harm on interests of the creditors and society inevitably. To solve the problem, some common law countries created "Disregard of Corporation Personality System", which is also called "piercing the corporation veil", providing reliefs to creditors in the manner of asking the sharehoder abusing independent Corporation personality a joint and several responsibility. In China, though the system of independent Corporation personality was established not long ago, the abusing independent Corporation personality spreads quickly, being a disharmony factor in economy progress, such as obvious capital short, serious staff,financing and business mixing_up between parent company and sunbsidiary company; sole proprietorship enterprise named as company; business out of the scop; false bankrupcy to cover intention of avoiding debt. Then, our company law amended to add "Disregard of Corporate Personality System", it aims at providing reliefs to creditors who suffers from shareholders abusing right. However, the regulations is too general to get unit understanding in academic community and unfeasible in practice. There is no standard used in individual case, which may bring in conflict between ajudications. Morever there is no systemic and mature regulations formed in justice practice. The thesis starts from the case the author as agency in practice, combining basic theory and related laws, to discuss leagal application of "Disregard of Corporation Personality System" from the point of jurisprudence,reality and justice juridication basis.