The Construction Improve The System Of Piercing Company Legal Person Mysteries In The Trial Use

The independence of corporate personality system and it’s derived system ofshareholder limited liability have greatly pushed the rapid development of the modernmarket economy.And also become the basic law system of the moderncommercial.However,with the deep practice of this system, there appears more andmore shareholders abusing the corporate personality and the shareholder limitedliability to avoid the debts, even gaining an unfair advantage. This kind of behaviornot only harms the legitimate benefit of company creditor, but also upsets the marketeconomy order, which brings about the unexpected risks for the normal running of themarket economy. The theory of Lifting the Veil of the Corporation is the effectiveregulation to this kind of abuses, and our country also establishes the law position ofthe Lifting the Veil of the Corporation Theory in “Corporation Law” in priciple. Ofcourse, the regulation of “Corpation Law” to this theory is far from perfect, and alsoit could easily exceeds the proper limits in righting a wrong. In that case, it should becareful how to apply this regulation in judical practice. This paper will conduct anempirical study of lifting the mysterious veil of the coporation combining with theexisting cases on the base of the regulation in “Corporation Law”. Apart from thepreface and conclusion, this paper is divided into stree charpters.The first chapter will make summary overview on system of piercing thecorporate veil. This section discusses system of piercing the corporate veil abroad andChina’s judicial interpretation over the years and the Act on the introduction of thesystem of piercing the corporate veil.The second chapter will introduce and analyse the judicial practice of Liftingthe Veil of the Corporation System. This chapter will epitomize five kinds ofperformance of abusing the Coporate Personality and shareholder limited liability bylaw cases.The fifth chapter will give some suggestions on improving the legislation and administration of justice of Lifting the Veil of the Corporation System in our country.firstly an analysis of the deficiencies in China’s system of piercing the corporate veil,thus further improved including the amendment in the name to the judicial practice ofpiercing the corporate veil of subjective complement, improve the system ofaccountability, clear of piercing the corporate veil in order of the applicant. Went onto piercing the corporate veil is the essence of the system of exceptions to theshareholders ’ limited liability, trial practice caution system of piercing the corporateveil.