Personality Denied Legal Application And System Improvement

The company's independency of legal personality is an important and basic content of the law system in the modern company. It has an important meaning of the economic development in the whole society to follow this system strictly. However, in the current economic activities, someone imposing the independent law personality of the company, engages in an illegal management, obtains an illegal benefits, and evades the law responsibility and obligation. It damages the legal rights of the creditor, and breaks the economic order of the normal social. It must be adopt pertinent measure to protect the legal rights of the creditor, and vindicate the trade order. Therefore, it is important to disregard the corporate personality to go behind the law responsibility of the related responsibility under the particular condition.This paper is totally divided into four parts:Part one summarizes the system of disregard of corporate personality. It elaborates the meaning, characteristic and theoretic foundation of the disregard of corporate personality system. Researching to the basic theories of the disregard of corporate personality, it proves the necessity and the academic foundation of the disregard of corporate personality system.Part two narrates the applicable important document of the disregard of corporate personality system. The writer adopts four important documenttheory——the important document of the main body, behavior, aftermath andconsequence. By elaborating the applicable important document, it resolves how to solve the factual problem of the corporate personality system in judicatory practice.Part three describes the comparison research of the disregard of corporate personality system. It adopts a comparative method to analyze the theory of the disregard of corporate personality between Anglo-American Lex and Continental Lex, and enumerates legislation and prejudication of developed countries.Part four describes the perfect of the disregard of corporate personality system. By perfecting judicatory decipher, it puts forward to how to solve practical problems of applying the method of the disregard of corporate personality. This is the demand of development of the market economy and perfect company law in our country.