Study On The Applicable Rules Of The Disregard Of Corporate Legal Personality

Our country has introduced the company's legal personality denial system in the equity laws of the United Kingdom and the United States,and it is indeed a bold and beneficial exploration.However,this system has not been well applied in China.The main reason lies in the one-sided inter:pretation of the legal function and application requirements of the company's legal personality denial system in the theoretical and practical circles,which leads to the confusion in the theoretical study of the system and the applicable rules.This article compares and analyzes the domestic and foreign legislation and judicial practice,combines the basic theory of the company system,makes a clear analysis of the concept of the company's legal personality deny system and reveals the lcgal basis of the system,and argues that the connotation of the system lies in ignoring the company's The purpose of independent personality is to deny the limited liability of shareholders,and the function is to protect the interests of various types of stakeholders harmed by the controlling shareholders' abuse of the company's independent personality.On the basis of this,combined with the problems that arise in practice,we will reflect on the rules applicable to the system from the perspectives of subjectivity,objectivity and results,and make recom:mendations on the application of the company's legal personality disclaimer in China,that is,in addition to the in-depth detailed application of the system.In addition,the relationship between the system and other legal systems must be properly handled.Because the system is characterized by"correction of justice,"it should not be arbitrarily applied.