Legal Personality Is To Deny The System And Set Up The Operation Of Legal Regulation

Disregard of corporation originated from common law. Common law system countries claim it piercing the corporation veil. Generally speaking, it means under certain circumstances when using disregard of corporation and limited liability is unfair to creditors and public, law will not consider limited liability features of the company and shareholders burdening certain liability will overtake unlimited liability.In the recent years, with the foundation of our socialism market economy, the company, which is a form of the enterprise, eventually plays the key role in the economy. Therefore, many regular"corporation problems"appear and become more and more serious, particularly the phenomenon that they make use of disregard of corporation and limited responsibility to avoid law, avoid being carried out. To solve the alienation of legal personality, many scholars further observed the application of disregard of corporation at home and abroad and made a lot of good suggestions. At the same time, according to the actual situation of the development of our economy, Companies Law carried out a set of reform, and confirmed the existence of disregard of corporation. Under such background, the paper focuses on the restriction to the company from the disregard of corporation in judicial operation aspect. It is composed of four chapters.Chapter One: the comparative research of disregard of corporation. In this section, the author describes the disregard of corporation in some major countries, and analyzed the regulation; aims at providing advice for those who are faced with similar problems. Moreover, in this section the author introduces briefly the process of the foundation of disregard of corporation in our country.Chapter Two: Disregard of corporation together with the present law protects interest of creditors. This section which is divided four phases (the formation,operation,liquidation,enforcement of corporation) discusses the different situation and the solution that disregard of corporation applies to in order to improve judicial effect.Chapter Three: Discusses the application of the disregard of corporation in the compulsory enforcement .In this section, they focus on some problems to be solved in the proper application of disregard of corporation: the subject of disregard of corporation in compulsory enforcement; the process of disregard of corporation in compulsory enforcement, the responsibility of disregard of corporation in compulsoryenforcement.Chapter Four: further thought of carrying out disregard of corporation in China. In this section we briefly discuss some questions that should be noticed in adopting disregard of corporation in China and we have put forward initial ideas on how to perfect disregard of corporation.The paper makes use of comparisons and the research of the cases, refer to legislation, decided cases about pierced the corporation veil abroad, combines with the situation that the disregard of corporation is adopted in our country, analyses the formation,operation,liquidation,enforcement of corporation, finally makes some suggestions about how the disregard of corporation come true in china.