On Construction Of Reverse Piercing The Corporate Veil System

The prosperity of our country market economy development,the company as the market main body role,especially in all kinds of group under the background of the rise of the giant company,the company has to the powerful influence of individuals and even nations.At the same time,companies also began to emerge,the shortcomings in large-scale infringement cases,such as the environment infringement,in the face of strong company group,highlights the personal power of thin and the company with its strong professional ability,and highly professional operation,the damage to the rights and interests of individuals and more concealment and deep,make people can not be against a powerful group company,it's people to strengthen the control of the company group consciousness,make its operations within the orbit of a reasonable.Therefore,people began to question the strict corporate independent personality,and then constructed the corporate personality denial system.However,the company law of the People's Republic of China(hereinafter referred to as the "company law")only paragraph 3 of article 20 of the traditional forward to Pierce the company veil system,the judicial practice,the demand for reverse Pierce the company veil theory is also increasing,it is shown in different cases,and therefore we need to analysis.Different from the traditional pricking,reverse puncture company veil is shareholders creditors request for shareholders personal debt,specifically,it involves the interests of different parties to balance problem,when the company for personal responsibility,how to protect the company's other shareholders,especially the protection of the bona fide shareholders?How to balance the fairness and justice in individual and the relationship between the normal operations of the company,even when the company shareholder's relative to individual responsibility to balance to protect the company's normal business plan,don't because of reverse Pierce the corporate veil system applicable to social investment of hesitation,affect the prosperity and development of the economy,and so on,many problems need careful consideration,so scholars of reverse Pierce the veil of controversial,this paper argues that,should actively play to the positive effects of reverse puncture the company veil system,cannot isolate,shall be the reasonable regulation,to play its positive effect of system.Look at the structure of the writing of this paper this paper is divided into four parts:first of all,on the basis of reverse puncture the company veil system theory analysis,on this basis,summed up our country to construct the necessity and feasibility of reverse puncture the company veil system;Try at the same time,according to the foreign legislation and judicial,further put forward the construction of our country reverse Pierce the company veil system advice:first of all,from the legislative perfection,combined with "of' a single commercial legislation pattern,construct the unity of legal principles and concrete rules apply system,strengthen the rule of applicability;Secondly,the construction of reverse piercing the corporate veil of the rule procedures.Through a series of system construction,in order to better play a role of reverse puncture of the company's veil,and inhibit the possible risk,balancing the legal relationship,make the system better integration into the judicial practice of China,has built a comprehensive and systematic company personality denial system,thus to shareholders in case the obligee especially involuntarily effectively protect the legitimate rights and interests,on the one hand,realize effective maintenance of social equity and justice,on the one hand,to promote the healthy and orderly development of market economy.