On The System Of Outsider Reverse Piercing The Corporate Veil

The system of Outsider Reverse Piercing the Corporate Veil begins in America,its application and development has a process from strict control to relax restriction to mature using.The system of Piercing the Corporate veil has been established in our country's Corporation Law and its four Judicial Interpretations,but there is no any stipulation about the system of O utsider Reverse Pierc ing the Corporate Veil in the Corporation Law.However,more and more cases of O utsider Reverse Piercing the Corporate Veil ha ve happened in the judicial practice and different courts ha ve different results,which destroys the credibility of justice.The essence of the Piercing the Corporate Veil and the Outsider Reverse Piercing the Corporate Veil is the same,which is designed to correct the interest relatio nship of imbalance.And the greatest different point between them is that the bearer of original responsibility is different.What's more,after piercing the Corporate Veil by outsider,there are more complex legal relations,so it's essential to explore the conflict resolution mechanism of the interested parties.There are four parts in this thesis:The first part of the thesis is the case statistics and analysis of O utsider Reverse Piercing the Corporate Veil.Firstly,we collect fourteen cases as the basis of the analysis,then we make analysis according to different standards and draw the different conclusions.The second part of the thesis is the overview of the system of Outsider Reverse Piercing the Corporate Veil.In this part,we discuss the concept of O utsider Reverse Piercing the Corporate Veil.Then we analyze the unique function of the system and the drawbacks of other protection methods and prove that the system can not be replaced by other systems.Finally,we make a compare between the two systems.The third part of the thesis is the investigation of the system of Outsider Reverse Piercing the Corporate Veil in America.In this part,the thesis has a full discussion for its development.According to its development history in America and judicial actuality of our country,we could come to the conclusion.The fourth part of the thesis is about the problems caused by the lack of the system of Outsider Reverse Piercing the Corporate Veil.The lack of the system leads to the judge 's application to the system is irregular in judicial practice.It mainly causes three problems,namely the scope of application is not clear;the constitutive requirement is ambiguous and it will prejudice the legitimate interests of the related subjects.The last part of the thesis is about the construction path of the system of Outsider Reverse Piercing the Corporate Veil in our country.After the complete discussion in the above,we will offer some targeted advice.we have a discussion about its sphere of application with the most common situation of the one-man company,parent-subsidiary company and sister company.About the system construction,I follow the traditional system of Outsider Reverse Piercing the Corporate Veil,namely the three parts of subject,the behavior and the result.In the part of the balance of interests mechanism,we have a complete discussion of the interest protection mechanism for the no-fault shareholders and the creditors of company.