The Disregard Of Corporate Personality System In Judicial Practice Of China

The disregard of corporate personality system,Means to prevent and remedy of the company's independent personality abuse,to prevent the company's creditors and social public interests are damaged,in the case of concrete,on the basis of the specific legal facts,deny the independent personality and limited liability company,which is a system that the company's shareholders to creditors and social benefit directly.Creation of the legal system is for the purpose of the company legal person independent status and principle of limited liability company shareholders had destroyed,can very good remedy the adverse consequences,and maintain the normal operation of social justice and economic activities.The judicial practice case analysis shows that,The establishment of the company law personality denial system" by The Chinese company law","the Chinese company law explanation No 2,General Principles of the Civil Law and the supreme people's court issued 15 th guide case established Associated company personality denied rules In the judicial practice has achieved good application effect,but There also some problems such as the legislation too principle,application conditions are blurred,The basis of judgment are in disarray are confusion,Leading to many difficult and controversial operation to the company law personality denial system in judicial practice,Constrains the system play a creditors' interests,to protect the role of economic development,hindered the normal implementation schedule.In order to make the company personality denial system better service to social development Really play a good role of the system influence and value The author through to the system analysis to explore the application in the judicial practice In the form of case analysis to study the practical applications of the system specific situation Hope to help to the application of the company personality denial system,to promote the company personality denial system is used more standardization and normalization.