A Typeanalysis Of Joint And Several Liability Of Shareholder

The shareholder limited liability system,as an important system in the company law system,has played an important role in promoting the development of the market economy.However,with the continuous development of the economy,some drawbacks began to appear.Some shareholders of the company abused the company's independent personality and the limited shareholder's responsibilities in order to seek profits.As a result,the legitimate interests of the company's creditors and the public interests were infringed and could not be realized.The social fairness and justice pursued by law.In order to solve the problem of shareholder misuse and protect the legitimate rights and interests of the company's creditors,China's “Company Law” and its judicial interpretation clearly stipulate that shareholders will assume unlimited joint and several liability in the event of abuse of the company's independent personality and limited liability.However,due to the fact that the laws governing the application of the situation are relatively scattered and numerous,in order to better provide basic theoretical knowledge for the in-depth study of shareholder and joint liability,constructive suggestions for judicial practice are made,and research methods through typed analysis are adopted.Starting from the applicable conditions for shareholders to assume joint and several liability,it will carry out type analysis,pointing out the existing problems of China's shareholder joint liability system and putting forward sound suggestions.This article is divided into three parts.The first part is the analysis of the theory of shareholder joint responsibility system,which is mainly divided into two parts.First of all,it analyzes the concept of shareholder joint liability system and limited liability system,and then analyzes the value orientation of shareholders' joint liability system.Second,it compares the provisions of joint and several liability systems of shareholders in common law countries and civil law countries.The second part is to analyze and discuss the type of shareholder liability.This article will analyze the types of joint and several liability stipulated in the “Company Law” and its judicial interpretation in accordance with the relationship between the subject of the undertaking and classify them into four categories: joint and several liabilities of shareholders and shareholders,shareholders and The joint and several liability of the company,the joint responsibility of the sponsor and the sponsor,and the joint responsibility of the sponsor and the company.Then explore the applicable conditions for each type.The third part is under the background of shareholders under the joint liability typed,from shareholders joint liability typed theory system to improve and joint and several liability typed in the improvement of the company law on the two aspects analyzes the problems existing in the joint and several liability of shareholders.Then from the theoretical system construction,the applicable condition statute construction and the protection of the public interests of the perspective of thinking,so as to improve China's shareholder joint and several liability system.