Disregard Of Corporate Personality And Its Development And Innovation In China’s Legal Practice

The system of disregard of corporate personality as a correction of the imbalance of interest independent corporate personality and limited liability system, taking justice as the starting point, balance between shareholders, creditors and the interests of the public. The Supreme Court of China recently issued to the company legal person personality denial case No. fifteenth guiding case, make the system of disregard of corporate personality has a new breakthrough in the judicial practice of our country, on the company’s legal system on this occasion is particularly usefulChapter fifteenth guidance based on the recently released by the Supreme People’s court, in the first chapter introduces the guiding case basic case and the trial court’s point of view, and puts forward the Problems And disputes arising; for the purpose of further analysis of the guiding case, in the second chapter more complete explanation of the basic theory of the disregard of corporate personality system process, reason, meaning, characteristics, and select two typical representative of the British legal system, America, Germany and Japan, will the disregard of corporate personality theory is introduced and compared; based on the basis of disregard of corporate personality on the exposition of the theory, the third chapter focuses on the components and applicable range of No.15 guiding cases are analyzed one by one, in order to grasp the law mechanism case behind it; finally, on China’s corporate denial system of judicial status quo and development trend were discussed, analyzed the corporate personality denial system of legislation and judicial practice problems, and put forward the corresponding countermeasures.