Study Of The Necessity And Possibility On The Introduction Of The Act "Deep-rock Doctrine"

It is inevitable results that associated enterprises appears as the enterprises developedto certain degrees, it had a certain impact on the current legal when it promoted the rapiddevelopment of the enterprises. It made the related party transactions more frequent andsubtle, and it would be worse for the protection of the interests of the creditors of thecompany who were in the disadvantaged position. However, our current Company Actstrictly complies with the rule of the limited liability that shareholders for the companies,and it was short in the adjusted norms for the related companies. Thus, the cases that thecreditors of the subordinate companies got damaged by the private transactions comingfrom the associated enterprises. How, can we uphold the limited liability of theshareholders when we did not negative the independent legal status at will and make theprofit of the creditors of the subordinate companies get effective protection? Stones fromother hills may serve to polish jade.“Deep-Rock Doctrine” of the USA is a good recipethat worth drawing by us.This article will discuss the necessity and possibility of the introduction of the“Deep-Rock Doctrine”. This paper discusses how using the doctrine come into existence ina corporate group sinario. It also analyses the compatibility of the doctrinbe with legalthoughts in China. It trys to design the conditions of the “Deep-Rock Doctrine” in Chinaby learning the experience of other countries and regions, and expects to do something forbringing the doctrine into our country’s legal system.