On The System Of Disregarding The Corporate Personality And Perfection Of Legislation

Independent personality and limited liability is the key and the cornerstone of company system, but in practice, some shareholders abuse the company personality to harm creditors′benefit. For the justice, system of disregarding the corporate personality came into being. In 2005,the new Company law finally got passed and established our country′system of disregarding the corporate personality, but since the law came into effect, there is no instructive cases. Some problems and issues appeared which is worth to further research. This article approach the theory of disregarding the corporate personality, review the corporate Personality of our current Company Law, point out the deficiencies of the system, and finally give some suggestions aiming at these problems. so,this paper is instructed the System of Disregarding the Corporate Personality and Perfection of Legislationby thinking about a case.In this paper, a total of more than 17000 words,it is divided into five parts:The fist part is the case introduction and legal considerations,and it lead to think about the System of Disregarding the Corporate Personality by accounting the contract case about the Jiangshu Baofeng special steel and iron corporate and the Neimenggu Zhixin commerce and trade corporate etc. ,then raising the need for discussing the System of Disregarding the Corporate Personality and Perfection of Legislation.The second part discusses the basic theory of Disregarding the Corporate Personality, explained the behavior of abusing the company personality, and three characteristics of disregarding the Corporate Personality.The third part discusses the applicable scope of this system, and considers this system can apply on all the company and various types of cases.The forth part discusses applicable elements of this system include the subject, the behavior and the consequences which is controversial in theory.The fifth part discusses the provisions of current law, analysis the insufficient and puts forward the suggestions for improving.