Litigation System On The Disregard Of Corporate Personality

Corporate support system is its independent legal personality and limited liability ofshareholders, because of the presence of these two principles allows the company tobecome a major form of business in the world today. The company has created enormouswealth, and promote the development of world economy, however, the corporate systemhas emerged alienation that abuse the independent shareholders of the Company and theshareholders of the Company with limited liability personality, making the fair corporatesystem, the target value of justice is challenged. Thus, Europe and other countries take thelead in creating a corporate personality denial system, the disregard of corporatepersonality as a corporate system of necessary and beneficial supplement, disregard ofcorporate personality litigation emerged. Disregard of Corporate Personality litigation iswhen the shareholder or actual controller of the Company’s independent personality andabuse of limited liability of shareholders to escape debt, serious damage to creditors,creditors or the public interest on behalf of institutions and organizations of the company,who filed the lawsuit abuse thus denying the company to pursue its legal personalitybehind the perpetrator of abuse liability litigation.In2005, China’s " Company Law " to formalize the corporate personality denialsystem, but because the law is too principles for how to apply the disregard of corporatepersonality is bound to become a hot area of research theory and practice. From thegeneral theory of corporate personality denial litigation, a clear disregard of corporatepersonality litigation applicable cases, analysis the issue of the legal and practical,pointing out our problems and causes of the problem, research the company’s outsidelegal personality denial lawsuit situation, put forward suggestions to solve the problem inorder to improve China’s disregard of corporate personality litigation.