The Disregard Of Corporate Personality Embodied In The "Zhixin Company" Case

The independent personality of the company and the shareholders’ limited responsibility, spur the enthusiasm of the investment and promote the economic development. But the company’s independent personality and shareholders’ limited liability as a system, not only shade the shareholders, but also increased the creditors’ risks. Abuse of corporate personality and damaging the company’s creditors, similar phenomena appear constantly.In order to protect the legal rights of the creditors, many countries’ laws have introduced legal principle on the disregard of corporate independent personality.The system of the shareholders’ limited liability and corporate independent personality is revised and supplemented. By this way, the rights of company and shareholder and the risk of shareholders and creditors are balanced.This paper with specific case, analyses the applicable elements, the present legislation and defects, and puts forward some suggestion about perfecting the system of the disregard of the corporate independent personality.