| The nature of shareholders'responsibility is a very complex problem in Denial System. Since Denial System has been incorporated into Chinese"Company Law"in 2005, searching for the solutions to the problem has become so tight. There are many articles, treatises at home and abroad. But the solution in our application, we should consider the adaptation with all aspects of our system. Therefore, it should analyze specific issues.The accountability is the problem of solving the purpose. The founder of Denial System is to set the certain accountability in order to resolve disputes. The system has been defined that the shareholders should undertake joint and several liability, but the responsibility is an immense and very generic concept. It can be a limited liability or unlimited, the unlimited liability can be unlimited joint and several or separate unlimited, unlimited joint and several liability may be joint and several liability or supplement. The same, limited liability can also be divided into many. The law only sets the joint and several liability in general, which makes a lot of practical problems. And dealing with the issue, many judges have to choose to avoid this problem, only make the sentence that the shareholders take joint and several liabilities. Therefore, the nature of the decision and other issues left to the implementation of court.According to the research of Professor Zhu Ciyun, There are several types of abusing corporate personality, such as significantly less capital, personality confused, over-controlling shareholders, the company Xinghai. The paper starts from searching the value pursuit of Denial System, in accordance with the concept of fairness and justice, on the basis of theory and practice at home and abroad, through a typical case, to analyze shareholders'responsibilities in several common cases and try to analyze specific issues in order to investigate the nature and commitment of joint and several liability of the shareholders. |
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