Disregard of corporate personality
|Keywords||Company Independence of company personality The disregard of corporate personality system Law application|
Our disregard of corporate personality system namely the common law system’s "uncover principles", the civil law system’s "perspective" theory, is one of the major system in the China’s current law system. This system as a supplement of the company’s legal person system, has been recognized by our country and any other countries such as American, England, Germany and Japan. Our current company law describing the disregard of corporate personality system in the first time of written form, but from the current legal norms we can see that, the disregard of corporate personality system in our country is very abstract and principle, we have no related regulations in how to specific applicate the system, and the related cases in judicial practices are very little, and we also do not have relevant judicial explanation, so although the system in the form of written law writing in our current company law, but it lacks the specific maneuverability. When there is legal dispute, how to determine the system and the applicable condition, the applicable scope, the applicable results, the parties how to according to the existing legal norms safeguard their legitimate rights and interests, and the judges how to correctly make the referees at the trial are becoming problems in the application of this system. To make a system fully play their due role, it must accurately apply the system. Therefore the author based on the above problem, combines the foreign judicial practice and specific situations of China, detailed discuss the disregard of corporate personality system.