Research On The Legal System Of External Piercing Corporate Veil

The practice of external source reverse piercing veil company in American justice.The consequences of external reverse punctuation system when the company to deny the independent legal personality,joint liability for the debts of the shareholders which is different from the traditional institution of piercing the company veil,In this case,there are many problems to solve urgently,such as the conflict among the legitimate rights of the shareholder with other non-faulty shareholders of the company;the interests of the relevant creditors of the other company.China’s commercial laws and regulations have not set up this institution.Related cases frequently appear in the judicial practice of independent personality and shareholder of the company law personality confusion against the interests of creditors shareholders.Courts rules of the trial through expanding the application of the abuse of the rights of shareholders responsibility,or apply the traditional trial system to pierce the corporate veil directly.There will be confusion in the specific application.Some scholars believe that the relevant disputes related to the system can be solved by the application of the traditional legal system,there is no need to set up a similar system.In fact,It can be determined that the system should be established in China,according to the analysis of the limitation of the establishment of external reverse piercing the corporate veil the significance of the system and the related system.Related issues combined with external reverse piercing the corporate veil system theory and the judicial practice of our country,‘company law’ should be carried out a detailed analysis of the establishment of an external reverse piercing system.My article consists of four parts:The first part summarizes the related theory of external reverse piercing system,and introduce the concept of the main situations from the outside reverse piercing the company veil of through comparatively analyzing the traditional one,and then the external reverse puncture,for external reverse piercing the corporate veil system theory basis.The second part introduces the development of the external reverse piercing the corporate veil at home and abroad in the judicial practice.Firstly,summarize the experience and Inspiration of the application of the system of the United states through the U.S.external reverse piercing the corporate veil related case analysis.Secondly,expound the relevant legislation of our country institution of piercing the company veil.In accordance with external reverse piercing cases have appeared in judicial practice in our country,summarizes the external reverse piercing is applicable in our country.The third part analyzes the legitimacy of the introduction of China’s external reverse piercing the corporate veil system.It includes two aspects :Firstly,the judicial practice of our country need external reverse piercing the company veil institution,and can not be replaced by other systems;Secondly,from the establishment of the system of law and practice of the feasibility of the introduction of the legitimacy of the introduction of this institution.The fourth part explores the external reverse piercing system in the system construction of our country,intends to conduct a research on external reverse piercing the company veil from these three aspects of the legislative mode,substantive rules and procedural rules of the system construction and make my own opinions.