Corporate Personality To Deny The System

The system of the independence of corporate personality is an inportant part of the modern coporation system. It mostly includesxoporation is a legal entity which has right and disposing capacity independent from its members, and its property is separate from its members', it is liable independently , and the liability of its members is limited to their investments. Due to the absolutization in idea and system,coporate personality has become a double-blade sword. While developing the economy , it appears unsuited to the purpose in a 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 this system. Denial law principle of the corporation personality , also called uncover the veil of corporation , under the premise of admitting the corporate personality , it'll deny the corporate personality and shareholders' duties in some particular legal relation ,and claim for the liability of the member behind of the corporation members directly , in order to restrict the behavior which abuse the corporate personality and shareholder behind respond for company obligation directly. But analyzing substantially, the result is only a kind of exclusion of shareholder's limited liability , or called exception of that. The presence of exception rule does not aim at wavering or negating the system of shareholder's limited liability , on the contrary ,it will vindicate the complement the system.Denial of corporate personality is development and perfect of the independent corporate personality. But if abused, it will not only impact the corporate system ,negate the value of the legal theory ,but also desecrate the target of justice. Therefore, it's necessary to revise the universal problems in the: related written laws according to the actual operation of the legal theory in the justice practice, standardize the corporate system in form of written laws, reduce randomicity and contradiction of the application ofthe legal theory. At the same time , the applicable conditions must be held strictly, and make justice and right the ultimate standard to scale the application of the legal theory.Like most nations in the world, we have constituted the corporate system. Although it need to be perfected in some aspects , the independent personality of corporation and the limited liability of shareholders have become the foundation of the corporate system obviously. At the same time ,the corporate personality is often abused , the environment which the corporate system exists in has been broken seriously. Sooner or later ,the system of denial of corporate personality will be established. As for this question, I think that it's necessary to consider not only in legislation ,but also in judicature. The denial of corporate personality should be introduced indirectly in justice by using the principle of "honesty and credit", "the right have not be abused", the tiptop court can directly introduce into some part of the corporate personality system. Certainly, we should be very cautious ,restrict the range ,and observe the qualification strictly. It is only exclusion in particular legal relation rather than completely. If we extend the range arbitrarily ,and emphasize correcting the benefits relation ,who is "out of balance "blindly ,it's possible to "decay" the edifice of limited liability which is constructed elaborately "big building". That is not worth the candle. Only if the system is regulated directly in legislation can the system be more systemically , can direct and definite rules be provided for the administration of justice ,and then the legal system role to the market actions.