Disregard Of Corporate Personality System

Corporation personality system takes admitting that corporation's personality independence and corporation bear limited liability as basic system characteristic , that it countervails mechanism and risk rationally with the person shares the increase and the capital accumulation that way has boosted investing , makes close centennial society economy increase by with hitherto unknown high-speed. On the other hand, that acts on what investor gets the par close arriving at since whose personality is independent, the rights and interests being that the investor abandons corporation personality system countervails system , abuse independent personality of corporation and limited liability have provided possibility. Chinese corporation personality system, takes corporate system as whose model , time is not long despite of coming into being, but a lot of belt problem having regularity in developing in the company, become the key factor endangering corporation personality system rationality , disturbing regular economic order, damaging common benefit of society's. The west already has been in progress studying comparatively maturely in the process of development of close centennial corporation personality system to "the problem resolving these regularity companies" , has come into being ultimately corporation personality denies that this once carries out "the problem having testified effective legal system , having resolved a company" fairly good. The personality having gone over , ignoring but while our country legislation accepting the corporation personality independence and shareholder limited liability system, to the corporation denies the system drawing lessons. Because of the upper company of legal sense , the current Chinese corporation of company there exist property , consciousness of the outside world , business in personality system only when having perfect personality company is really, the independence and the company do not belong to the problem controlling a shareholder waiting. On October 27 , 2005 the important content by new "law of cooperation" one will be: Personality denies that system is formal to corporation of company legislation, this is that our country is in one big progress of company legislation aspect. Face to face our country corporation personality deny system structure build and suitable for use range work further investigation and discussion now and then, need face to face home and abroad company corporation personality deny system be in progress detailed research, especially face to face representative UK-US genealogy of law and continent genealogy of law United Kingdom, USA and Germany, Japanese company corporation personality deny system be in progress comparatively, analytical; To all above country, to corporation of company, personality denies that system different regulation and relevance legal principle theory carry out a reference. Business , characteristic and current situation of state-owned single-owner investment company at the same time, studying our country one people company carefully , being connected, the current situation being abused specifically for law of cooperation personality, is pawned for by the fact that personality has denied that system connotation expounding, have made clear that improving and perfecting applying to the theory basis and occasion being system's turn, and being system's turn right away in current actual judicial practice has unfolded a thinking.