An Empirical Analysis On Disregard Of Corporate Personality

With the concepts of Company Independent personality and Limited Liability of Shareholders which are footing stones of company system, the system of Disregard of Corporate personality is accumulating its importance gradually for the fantastic growth of companies not only brings benefits but also bring problems that shareholders infringe obligee’s legitimate interests. Under this circumstance, the revision of the Company Law of the PRC in 2005 indicated that the PRC law system introduced the concept of disregard of corporate personality officially.As the provisions about disregard of corporate personality are all abstract concepts, there are many different views with no unified standards. It seems that the disregard of corporate personality is abused currently. This article aimed at showing the latest research achievements and trying to analyze and make comments on the Court Judgments. Beyond that, this article also attempt to make a proposal of legislation to perfect the disregard of corporate personality.This article is composed of four parts:Chapter One is started from the Company Independent personality, and I generally describe the original theories of Company Independent personality and the born&application of Disregard of Corporate personality. At the same time, I have introduced the newest study outcome and major countries theories and practice.Chapter two is mainly introduced leading cases of the fifth document from the supreme court and have my analysisChapter three search out the relevant cases of Disregard of Corporate personality and then have comparable analysis to them from the points of time, distict, company category, judgement reason and the laws that involvedChapter four base on the analysis of the thesis study and show my corresponding legislation advices.