On The Disregard Of Corporation Personality System

Disregard of corporation personality system is researched in this paper, which is including the introduction and four chapters. The first part is the introduction,which introduce the intention of writing and the gist of this article.As the cells of the market economy,the degree of development of large and small company affecting the country's overall economy situation.Under the developed circumstances of companies,there can't be prevent acts of abuse phenomenon,mainly due to the shareholder and especially the shareholder with controllable ability,in the pursuit of profit enlargement,taking risks or acting against the law for legal regulation is not sound, invading the interests of the company and its creditors. So, under the premise of the limits for the existing law,the disregard of corporation personality system discussed in this paper is to hope learn from western developed countries as well as improve the relevant national laws.The second part including four chapters. In the first chapter, the system is discussed in detail and is analyzed mainly from its background and defects, including production,content and features and values of reflection.The part for the company's personal independence-limited liability system is fully affirmed from its positive,and beyond question to its active role.Because of this, there have the shareholders'potential abuse situation.in the second chapter,the disregard of corporation personality system is discussed from the meaning, nature and the difference between related systems, and the economic analysis perspective, which is a basic understanding to the disregard of corporation personality system, but also a basic premise for understanding its relevant aspects.In the third chapter, the disregard of corporation personality system is discussed from its application, including elements, conditions and consequences.The author have written a lot in this section based on applicable elements, circumstances and consequences, so that we have a more objective system of knowledge to the disregard of corporation personality and further understand the current limitations of our laws.In the fourth chapter, the legal basis for the disregard of corporation personality is introduced. To any legal system,there is its legal basis,and no exception to the disregard of corporation personality.The author discussed from the principles of fairness and justice,the principles of honesty and credit,the principles of public order and good morals in the paper.The three basic principles play a statutory role on the abuse acts of the shareholders,which can not be ignored. The disregard of corporation personality system from developed countries is introduced and analyzed especially for the dependent of corporation personality and the disregard of corporation personality system of the U.S., the author have discussed more detailed because the United States is the first country in creating and most extensive use the disregard of corporation personality system.Then, British,Germany and Japan have introduced the disregard of corporation personality system.The seventh part, the author discussed the necessities and suggested our own modern company law further improve and detailed in some aspects in the basis. The company law is difficult to achieve the goals for fairness and justice in application because of its more principled provisions, which is not good to the protection of the company and its creditor's.But I suggest the disregard of corporation personality system be carefully applied, not enlarge.