Disregard Of Corporate Personality System Discussed

The system of the independence of corporate personality is an important part of the modern corporation system .It mostly includes :corporation is a legal entity which has right and disposing capacity independent from its members, it is liable independently ,and the liability of its members is limited to their investment. Due to the absolution in idea and system, corporate personality has become a double blade sword. While developing the economy, its appears unsuited to the purpose in the certain degree. And it both serves as the umbrella of the enterprising and the amulet of the deceitful. Owing to the deviation of benefit, companies of each country has to balance the benefits scale. There is a measure generated in west nations. This measure can keep the essence of the corporation personality and break through the limited measure of system. Although the application of this legal theory appears ignoring corporate porsonality uncover piecing the corporation veiling, and making the shareholder behind respond for company obligations directly. But analyzing substantially the result is only a kind of exclusion of shareholders limited liability, or called exception of that. The presence of exception rule does not aim, at wavering or negating the system of shareholder limited liability, on the countrary, it will vidicate and complement the system. Disregard of Corporate Personality is a common law throughout the Western Countries, whose purpose is making up theinadequacy of the Corporate Personality System, and thus defending the fundamental value of the law-Justice and Fair.While in China, the Corporate Personality System is still very young and inadequate. In order to perfect the Corporate Personality System of our country, it is valuable to introduce and draw on the experience of Disregard of Corporate Personality System in Western Countries. Thus the thesis elaborate on these core questions such as production, connotation, value and application of the Disregard of Corporate Personality.The thesis is divided into four chapters. The first chapter talks about the general theories of the Disregard of Corporate Personality System. Chapter two talks about production, connotation and value of Disregard of Corporate Personality System. Chapter three talks about the application of the Disregard of Corporate Personality System. Chapter four talks about some related questions of introducing and drawing on the experience of Disregard of Corporate Personality System of Western Countries in China.