Study On The Composition Of The Corporate Veil Of Outsider Reverse Piercing

This paper is intended to use the case of our country involving the outsider reverse piercing company veil so far,points out that our country in the absorption of the traditional piercing company veil and the outsider reverse piercing company veil system is missing in the background of the trial of this series of cases,by drawing on the United States to apply the outsider reverse piercing company veil in the theory of experience and doctrine,To prove the necessity of introducing the outsider reverse piercing company veil system in our country,and then discuss the constituent elements of the introduction of the system.This paper uses three methods:case collection and analysis,literature analysis and comparative research.This article first in the Website of Beida Fabao and Wolters Kluwer,transform "outsider reverse piercing company veil" "legal person personality reverse denial" "outsider reverse to lift the corporate veil" and other keywords,in line with the Company Law Article 20,General Principles of Civil Law,Article 7 and other relevant laws,collect domestic related cases,After the statistics,we get the problems in judicial practice in dealing with the outsider reverse piercing company veil,and then read a lot of domestic and American relevant literature,understand the attitude and view point of the academic circle on the outsider reverse piercing company veil,and take the more advanced American literature in this academic field as a reference,comprehensive domestic status,The composition of the corporate veil is analyzed and analyzed by the outsider reverse piercing of the company's veil,which is more suitable for the national conditions of our country.The first chapterexpounds the concept of outsider reverse piercing company veil,introduced by the traditional concept of a forward-piercing corporate veil,through the first case in the United States to introduce the concept of an outsider reverse piercing company veil and the first court to support the outsider reverse piercing company veil litigation case to introduce the difference between this theory and the traditional piercing company veil,More to introduce the combination of reverse piercing and forward piercing characteristics of the "piercing sister company veil" concept-triangular piercing.Then,with the lack of legal basis in our judicial practice and the fact that the theory cannot meet the needs of social development,this shows the necessity of introducing the outsider reverse piercing company veil system in our country.The second chapter discusses the research results and application of the American research on the outsider reverse piercing company veil.First,the U.S.expounds the double-fork standard applied in judging whether the traditional forward piercing corporate veil applies,and then expounds that scholars can improve it on the basis of the double-fork standard to apply the reverse method and equity method of outsider reverse-piercing corporate veil.Finally,the capital exemption system proposed by American scholars in this process to protect the interests of innocent shareholders is introduced in detail.The third chapter is an empirical study of the outsider reverse piercing of the corporate veil in the judicial practice of our country.This chapter,through the analysis of the collection of each case in force,geographical distribution,reasons for adjudication,legal basis,whether to substantially support the outsider reverse piercing of the litigation request,and so on,it is concluded that in our country in the trial involving outsider reverse piercing company veil cases,there is such as the scope of application is not clear,the application of the elements are vague,To the detriment of the interests of the parties concerned,so there is a need to introduce the system and improve legislation.Finally,the way to protect the creditors of the company is discussed when the system is introduced and the company is pierced by the outsider reverse.