Study On The System Of Disregard Of Corporate Personality In China

Disregard of corporate personality to the company independent personality and shareholder’s limited liabilities as the foundation, the reason that there are situations because the company system in the process of operation, can appear to exploitation of the facts. In this context, the system of disregard of corporate personality to produce gradually, development and maturity. This article by the system of disregard of corporate personality as the research object, aims to make it clear in constructing some problems in the system of corporate personality in our country. The subject of the article is divided into four parts, specific as follows:Part1is the introduction section, summarizes the personality, legal person, company legal person of the basic concepts, explains the basic connotation of disregard of corporate personality, the essential characteristics of disregard of corporate personality, shows that the disregard of corporate personality of legislation history in China, explains the value of the system of disregard of corporate personality.Part2introduces the system of disregard of corporate personality at home and abroad, including some important countries of Anglo-American law system (the United States, Britain) and the major civil law system countries (Germany, Japan).Part3basically from the legislation on the analysis in our company law disregard of defects and the reasons. All analysis, the author thinks that the legislation is too rough, judicial interpretation is rarely and the judicial model is shortage.Part4give some suggestions to improve the disregard of corporate personality’s system of legislation. Such as setting up an independent a chapter for this system; Then, from the concrete applicable on legislation to perfect. In addition to this, also suggested that improve the judicial interpretation for the disregard of corporate personality, and play the positive role of the typical case.