The Analysis To The Rule Of Disregard Of Corporation Personality For The Affiliated Corporation

Independence of corporate personality and shareholder limited liability principle has important position in the company law,to a large extent,two system improved the investment confidence and enthusiasm of people,and promoted the rapid growth of economy;However,the separation of the corporate personality and the limited liability of shareholders,made the shareholders have a chance to abuse the corporate personality transfer the actual or potential risk to the company creditors through its own advantages.Any applicable system has a certain limit,the system of disregard of the corporate personality,like balance,is to achieve a balance between the interests of shareholders and corporate creditors,and eventually realizes the protection of the interests of the shareholders and creditors.In 2005,the NO.20 item of the Company Law of our country formally established the disregard of corporate personality by the way of statute law,and provided a clear basis for the judicial practice to apply this theory.In 2013,the Supreme People's Court issued the guidance case of the affiliated corporate personality confusion,in judicial practice,the case has certain guiding significance in terms of the disregard of corporate personality to affiliated corporate;through the determination of standards,it can provide a better reference for the judicial practice.Owing to the lack of the related legislation about the personality confusion of affiliated corporate,different courts have different views about applying the disregard of corporate personality in the affiliated corporate;therefore,when judging this kind of cases,the court appear various problems.So profound understanding of the disregard of the corporate personality in affiliated corporate,relies on both the guidance case by Supreme People's Court issued and the corresponding legal norms,in this way the judge will act by law,it can reach the goals of maintaining the order of market economic and achieving fairness and justice value.