On Denial System Applicable In The Judicial Practice In China

The company disregard of corporate personality is an important contents of the company law, it was called" lifting the veil of the corporation "," piercing the corporation's veil " by England, the United States, Germany, Japanese etc. it is British and American law departments and the continent law department nations abuse the company legal person independent personality and limited liabilities to the company shareholder, but the equilibrium measure that adopt, is to the complement and new developments of the traditional company legal person system.Our country after ushered in the company legal person system, the company law personality was abuse the phenomenon pile up one after another, breaking the existence environment of the company legal person system seriously, but current our country company law to this law provision and judicial rules that didn't yet become the system, although to some abuse the behavior of the company law everyone space to do a provision and take into the adjustment, the simplicity depend on the current company law frame system shortage to protect the benefits of the creditor. Therefore, is perfect and current , have the necessity to usher in the company law personality denial system, to the our country the current company legal person system carries on the complement, perfect. The present condition that this text is abuse to the company law personality, pass to deny the system content to elaborate to the company law personality, explicit current the judicatory practice win apply should institutional of theories according to and situation, and that the system really signs and perfect put forward the concrete lawmaking speculation.In addition to preface and conclusions, the whole sis is divided into the three greatest parts totally:The first part: Introduce the meaning and the value of the company law personality denial system. Emphasized to elaborate the content of the company law personality denial system, creation reason and its theories value and practice meaning.The second part: Introducing the company law personality denial system lead into the our country necessity, possibility and theorieses of the judicial fulfillment. Emphasized to elaborate to apply the theories of the company law personality denial theories according to, and use the necessity and possibilities of that legal theory at the our country, for lead into that system to beat theories foundation.The third part: Analyzing the our country applies the lawmaking, judicial present condition of the company law personality denial system, pointing out that the our country is in the judicial fulfillment currently the place of the shortage that apply that legal theory and confusion phenomenon, putting forward the perfect and concrete viewpoint and lawmaking speculations.