Applicability Research On Reverse Disregard Of Corporate Personality

Disregard of corporate personality originated from the cases in Anglo-American law system,our personality disregard system for juridical person in our country was established in 2005 amid expectations under the provisions of article 20 in company law.However,in the past decade,the disregard of corporate personality has not been effectively used and the court also careful about it.With the corporation system being penetrated into all aspects of economic life,case on shareholders ' abusing independent company personality becomes increasingly complex.As new development of corporate personality,the reverse disregard of company personality aroused our attention once again.Provisions itself does not involve reverse disregard,but for a complex system determined by cases,the statute law is certainly unable to cover all of its content.In fact,the reverse disregard conforms to our country's legal basis of corporate personality,and in some cases including guiding cases has a "shadow" of reverse disregard.Since the provisions on personality disregard for corporate legal person in our country's "company law" is unable to effectively solve such problems,it is quite necessary to further explore reverse disregard of corporate personality.This article is divided into five parts.The first part is the concept and classification of reverse disregard of corporate personality.Through comparative analysis,the thesis explores the connection and difference between the positive and the reverse disregard;The second part discusses the applicability necessity of corporate personality's reverse disregard;the third part combs through the case of American people's outside reverse piercing the corporate veil,to summarize the experience in the external reverse piercing and the enlightenments suitable to our country's external reverse piercing;the fourth part is to explore the status quo of China's corporate personality reverse disregard,focusing on analyzing the application of the judicial practice,so as to sum up the ideas of reverse disregard,and point out that China's conditions and main obstacle in applying reverse disregard;the fifth part thinks about how to apply the reverse disregard of corporate personality in our country's judicial practice from different angles.