Disregard Of Corporate Personality Prudent Application

The shareholder's limited liability system is the cornerstone of modern company system support, but its actual effect of economic order is a double sword hilt, already can stabilize the market order, and to provide opportunely cheat cheating in the machine. Corporate disregard for the shareholder's limited liability system, insufficient complement system, this system has important significance, positive initiative for many countries in the world have adopted legislation. Our company law and judicial interpretation has gradually established the system in judicial practice, and using the system. But because the misconceptions and legislative defect of corporate personality system application of existing problems, In a certain extent appeared abuse the system, the system as a violation of the shareholder's limited liability of the supplement of jurisprudence. The present paper explicitly caused by a lack of legislation in the judicial practice in the confusion, and discussed the reasons for the system should hold the balance principle, components and applicable range, The corporate personality in legal system should be carefully premise for the conclusion. On this basis, the paper puts forward some Suggestions and measures, The company is in stable condition, the positive through judicial interpretation and perfect relevant legislation to clear our corporate disregard of the scope and constitutions. So as to provide specific judicial practice guidance law, in order to prevent abuse of the system construction of the law firm.