Corporate Personality To Deny The Value Of System Thinking

With the gradual establishment of the socialist market economy system,it is accepted that social resources are disposed through market machanism ,in the course of resource distributing ,corporation is the most important and active part .To reduce investers risks and strengthen corporation's energy ,people design the system of corporate independent personality .Meanwhile ,to guarantee equal transaction and maintain normal market order,protect public benefits,people begin to accept the theory of the disregard of corporate personality.In the first part of the article-the value analysis of the disregard of corporate personality,the author starts from the essence of legal person, introduces and analyses some representative theories about legal person's personality .The legal person,as the subject of right ,it has two expressions.Both legal person and natrual person are independent right subjects,at this point there's no difference between them.The expressing capacity of legal person decides it's disposing capacity.In this way,the legal person can enjoy civil rights and bear civil obligations. After that ,the author analyses corporation's independent personality and shareholder's limited obligation,which are seemed as corporation's central context,pointing out two characters of corporation legal personality,utility and justice. Finally,after illustrating the disregard of corporation personality ,the author points out that the disregard of corporation personality is set up againstabusing of corporation personality,protect creditor's legal rights and social public rights from shareholders limited obligation and balance the two kinds of benefits .According to foreigh law practice,in the light of the basic view that corporate personality consists of independent property and independent will,the author raises the question on how to criteria the disregard of corporatepersonality.The author thinks that in a concrete legal relationship,whether or not corporation's property and will are deprived decides judger's judgerment on using the disregard of corporate personality correctly.After analying the value inclination of the disregard of corporation's personality,the article points out that on the basis of corporation's activities in the mardet economy,the disregard of corporate personality develops and improves traditional legal person's personality.The disregard of corporate personality-as an efficient protecting method,remedies the default of the legal person's independent personality, at the same time,which rebuilds justice and equality inside the legal person's personality and unites the formal justice and material justice.To maintain legal person's justice value,contrast to the formal justice that corporate independent personality asks for,the disregard of corporate personality takes more seriously on material justice.In the second part,first of all,the author gives a brief explaination to the theory of corporation's social responsibility and analyses it's social economy backgroud and law backgroud ,the author points out that the putting forward of the theory of corporation's social responsibility ,provides a new angle on studying the disregard of corporate personality,the theory on the disregard of corporate personality guarantees corporation's social responsibility,the author advised that it is essential to relocate the disregard of corporate personality.In the third part,after reviewing the practice of corporate personality in China and combining the practice with the related provisions on the disregard of corporate personality in the interpretation of the company act,the author does lot's of analysis.On the basic of the analysis,putting forward that emphasis point of law should be put on preventing private rights from abuse and protecting social public interests not to slope.In the conclusion part of the article,the author points out emphatically again that as the company law demonstrates stronger public law nature,we should recognize the disregard of corporate personality from a higher level.Legislators should draw the...