On The Perfection Of Company Legal Person Personality Denial System

Company legal person as in today’s society the most important market players and business organization, Mainly based on their independent personality and limited liability of shareholders, Legal personality independent of the personality of the shareholders of the company, so that it truly becomes an independent market entities, Shareholders are only limited to the amount of capital to take responsibility, enthusiasm for this schema design significantly improves shareholder investment. Independent corporate personality and limited liability of shareholders as well as in the protection of shareholders’interests and to encourage investment, May also become a shareholder public interests and the interests of the creditors, the community tools, May also become a shareholder public interests and the interests of the creditors, the community tools, In the economic life of Corporation independent personality and limited liability of shareholders shareholder abuse frequent acts of prejudice to the interests of the right holders. So, in essence, Company legal person personality denial system are not fundamentally on the disregarding of corporate personality, But independent of corporate personality system improvement and extension of essential, Is a useful complement and further development of the system of corporate personality.As China’s economic and social development, Disregard of corporate personality and gradually adopted by the experts on Chinese legal academics, scholars, and accepted, Many scholars for in-depth research and published a large number of papers. Until the new companies act of2005enacted, My first time was established as a statutory company law personality denying system, And discussed mainly from the following aspects.The first, An overview of the company legal person personality denial system, On the concept of corporate personality denial system made combing and presentations. Disregarding of corporate personality is the essential requirement of independent corporate personality, Is the principle of fairness and justice and the principle of honesty and credit, the prohibition of abuse of rights requirement.The second, Outside the system of disregard of corporate made a brief survey of legislation and judicial practice. Mainly to British and American legal systems of the United States and the United Kingdom and continental law system of Germany and Japan as an example. The third, Application of the company legal person personality denial system, This section introduces you to the company law personality denying system three, Mainly based on the Chinese mainland.The fourth, Is this paper highlights the purpose of writing this article, On company legal person personality denial system on the basis of analysis of legislative and judicial. Focus on reconstruction of the system of disregard of corporate personality in China.,Describes the current situation of China’s legislation of company legal person personality denial system. And then the reconstruction legislation was envisaged. Describes the status of company legal person personality denying system of Justice in China, public.