Researsh On Outsider Reverse Piercing The Corporate Veil

After piercing the corporate veil have cultured,the judicial practice constantly explores the system.In order to cope with the abuse of corporate personality in various judicial practice,the theoretical and practical circles advocate the transplantation of the Outsider Reverse Pierce The Corporate Veil Rules.The transplantation of the Outsider Reverse Pierce The Corporate Veil Rules is an urgent need of judicial practice,and it is also an expansion of the traditional piercing the corporate veil.In particular,the Supreme People's Court announced the No.15 Guiding Case,which set off a wave of discussion on the application of the reverse pierce the corporate veil rules in the theoretical and practical circles.When Chinese scholars talk about Outsider Reverse Pierce The Corporate Veil Rules,most people talk about the difference between Outsider Reverse Pierce The Corporate Veil Rules and Piercing The Corporate Veil.However,there is little discussion about the coordination mechanism of interest of related parties,especially how to protect the interests of corporate creditors and good shareholders.Only after determining that it is necessary to transplant the Outsider Reverse Pierce The Corporate Veil Rules can we try to construct the system in China.The construction of the system should mainly include the application of standards and the coordination mechanism of relevant parties' interests.Only by integrating the system into our legal system,The Outsider Reverse Pierce The Corporate Veil can really play its role.The content of this article is divided into five parts:The first part shows through three judicial cases that shareholders reverse abuse of the company's independent personality and shareholders' limited liability appears in practice.The behavior of the reverse abuse of the company's independent personality is different from the traditional Pierce The Corporate Veil.It uses the segregation mechanism of property to hide the personal property of shareholders,so as to achieve the purpose of evading the personal debt of shareholders,.we can not solve such problems through the existing legal system,so it is proposed to solve the problem by transplantation of the Outsider Reverse Pierce The Corporate Veil Rules.The second part is the basic outline of the Outsider Reverse Pierce The Corporate Veil Rules.This part starts from the application of piercing the corporate veil system expansion,classifies the piercing the corporate veil,and proposes the concept of Outsider Reverse Pierce The Corporate Veil.It expound the connection and difference between traditional piercing the corporate veil and Outsider Reverse Pierce The Corporate Veil.Finally,based on the essence of the company law,it sums up the basic legal principles of Outsider Reverse Pierce The Corporate Veil.The third part is about the judicial practice of the Outsider Reverse Pierce The Corporate Veil,including the judicial cases in the United States of origin,as well as related cases in the judicial practice of China.Drawing lessons from the relevant judicial cases in the United States,summarizing the Outsider Reverse Pierce The Corporate Veil Experience has implications for the construction of this system in China.In addition,through the combing of relevant cases in China,the author summarizes the shortcomings of the theory and practice of the Outsider Reverse Pierce The Corporate Veil in China,so as to improve the system of Outsider Reverse Pierce The Corporate Veil system.The fourth part is the necessity and risk of constructing the Outsider Reverse Pierce The Corporate Veil.Firstly,the existing system in China,such as equity execution,creditor cancellation right and judicial practice,exists the limitations of solving the reverse abuse of the company's independent personality,and legitimacy of constructing the system.It is necessary to construct a system of Outsider Reverse Pierce The Corporate Veil.At the same time,the reverse personality of the external person is denied farther than the traditional personality denial.The establishment of Outsider Reverse Pierce The Corporate Veil system will cause other risks,and it is necessary to prevent it.The fifth part is the construction of the Outsider Reverse Pierce The Corporate Veil system in China.It is intended to establish the general rules of corporate personality denial and the object of objection of Outsider Reverse Pierce The Corporate Veil,to explore the applicable standards of the Outsider Reverse Pierce The Corporate Veil system,and to present themselves to the interest coordination mechanism of relevant parties.The opinions make the system integrate with China's legal system,and truly play the purpose and function of constructing the Outsider Reverse Pierce The Corporate Veil system.