On The External Reverse Piercing The Corporate Veil System

The piercing the corporate veil system was introduced by the "company law"to China in 2005,which is a great progress.However,with the development of economy,there are various forms for the shareholders to avoid the debt by abusing company’ s independent personality.It has become increasingly difficult for the"company law" Twentieth to meet the needs of judicial practice.Some shareholders aim to avoid debt,or transfer property to the company illegally,or transfer asses through the associated companies,it is embarrassing that the The "company law" Twentieth can not effectively regulate such acts.Some judges in order to realize the regulation of this behavior,or to expand the interpretation of the"company law" article twentieth,or use the legal theory of piercing the corporate veil to solve problems,or apply to the "civil law" provisions through bypassing the "company law".In this embarrassing situation,scholars also began to focus on this problem,many scholars have found that the external reverse piercing the corporate veil system,which started in the United States,can solve such problems.But as for the current researches in China,the discussion of the reverse piercing the corporate veil mainly focus on the research of the theory and practice of the Untied States,our current external reverse piercing corporate veil cases are rarely involved.Certainly,it is undeniable that there exists some literature which discussed the current external reverse piercing corporate veil cases,but normally they are the supplement to the study of American theory and practice,are not typical.Therefore,this paper based on the introduction of foreign theory and practice,it will discuss the practice of the external reverse piercing the corporate veil in China and will discuss preliminarily the basic content in the construction of China’s external reverse piercing the corporate veil system.This paper mainly has four parts.The first part mainly introduces the basic content of the external reverse piercing the corporate veil,namely,the history and principles of external reverse piercing the corporate veil,the history part is about the development of the main external reverse piercing the corporate veil system,the principles illustrate that the legal basis of external reverse piercing the corporate veil is the same as the traditional one.The second part mainly introduces the judicial practice of the external reverse piercing the corporate veil system at home and abroad,which mainly involve several new significant cases in the United States and Japan in recent years,a case of a parent-subsidiary company and two cases of brother company in China.The third part mainly analyzes the necessity and feasibility of establishing the external reverse piercing the veil of the corporation system in China.From the perspectives of the chaos of judicial practice and in the absence of alternative system,to analyze the necessity of building external reverse piercing the corporate veil system in China.From the perspective of the legal applying environment,to analyze the feasibility of building external reverse piercing the corporate veil system in China.The last part discusses the basic content of establishing the external reverse piercing the corporate veil system in China,mainly include the constitutive requirements,applicable cases,jurisdiction,burden of proof,the results of the application.