The Application Of The Disregarding Of Corporation Personality Law In Execution Of Civil Affairs

The system of disregard of corporate personality was established in the newly revised "Law of the People's Republic" (2007) in Article 20 of Company Law in the form of statute law. The system provides that the main responsibility subject in abusing corporate personality is shareholders.However, In the practice, it actually exists that dormant investors dodge it to abuse the company personality responsibility through dormant investment. In judicial practice, viewpoints vary regarding whether the system of disregard of corporate personality can be applied in investigating the responsibility of dormant investors.My view is affirmative. When we are unable to investigate through other action forms the civil liability of dormant investors who abuse the legal corporate personality for illegally seeking profit, it is consonant with the legislative original intention of this system to integrate dormant investor who enjoy the shareholder rights and interests actually into "the People's Republic of China Law of corporation", through the expanded explanation.This article analyse cases in judicial trial in which dormant investors confuse company property with persongal property and abuse the legal corporate personality for illegally seeking profit; analyse and prove the view that the main responsibility subject in the system of disregard of corporate personality should include dormant investors.In the introduction, questions are raised with cases. In the first chapter, I take the responsibility subject of company dormant investors as an angle of view to analyse the responsibility of shareholders, who enjoy the shareholder rights and interests. For example, the dormant investors implementing illegal act should also receive the legal rules and regulations, and should undertake corresponding responsibility. In the second chapter, I take the legislative original intention of disregard of corporate personality system and its judicial application as an angle of view. Focus on the view that the main responsibility subject in the system of disregard of corporate personality should include dormant investors. In the third chapter, conclusion is made with judicial practice. I elaborate the conditions of judicial application of dormant investors in this system and analyse the solution to the case in introduction. And at last, put forward the proposal of how to standard dormant investors' responsibility.