Very State Limited Subject Of Litigation Qualification And Responsibility

The company took the modern enterprise one kind of important shape, is playing the important role in the market management main body. Says from the judicial angle, the our country present law, the laws and regulations multi- attention company "lives", neglected the company "to die", this meant litigant's legitimate rights and interests could not obtain the effective protection, legal representative are fair and justly are unable to manifest well.The company has the independent legal personality, one is the property independent, two is the responsibility is independent, these two has formed company's veil, separated the company and the shareholder, has protected the shareholder, has isolated the shareholder and creditor's direct relation. In the trial practice does not distinguish company's legal personality making absolute, only can harm creditor's legitimate benefit, wants to avoid this kind of situation the occurrence, the inevitable request umpire personnel skilled grasps and at the right moment utilizes the law of corporation personality in the trial practice the denial system. The law of corporation personality denial must meet following four requirements, namely company's establishment legitimate was effective also obtains the independent personality, the shareholder has abuses the law personality the objective intention, the shareholder implements to the company has harmed in its independent not right controls, creates the harm for other people or the society. Makes concrete to the random under the limited company, should consider following four kind of situations: The registration capital is not solid, not according to the stipulation participation annual inspection or is cancelled business license, starts doing business later to close down business continuously for six months as well as submits the false document or adopts other cheat methods to obtain the company to register. When has these four kind of situations, should be on duty the rope shareholder's responsibility.