My Company Piercing The Corporate Research

Corporate system makes the company to be an independent personality, and to give shareholders limited liability, also make investors great enthusiasm, which gets economic development and social progress a huge boost. But in real life, because shareholders of the company's independent personality and limited liability was absolute in the concept and institution, so corporate system in its full economic value, but also the abuse of corporate personality as a variety of improper benefit denial the amount of acts opportunity. Disregard of corporate personality is to overcome the deficiencies in the system itself, in order to achieve fair and just set the target of a legal system."Disregard of Corporate Personality," was formally recognized in October 27, 2005 by the "Company Law" (Amendment).when the shareholders of the abuse of corporate independence and limited shareholder liability, malicious evade the serious damage the interests of creditors of the company, the shareholder is entitled by law only in the loss of proportion to the amount of its limited liability company the right, but the company's total debt should jointly and severally liable. Disregard of Corporate Personality in the initial establishment of the company law is undoubtedly add timely and vigorous; also to regulate the market order and safeguard the legitimate company's creditors giving a powerful legal guarantee. However, our "Company Law" for the disregard of corporate personality only made the system provide for the principle,not to apply in practice a series of specific questions, it is difficult to play the true value of the system.This paper based on civil and commercial law, from the perspective of economic law, by analyzing the disregard of corporate personality and status of the system development process of the common law and civil law of different countries and regions, and based on our current disregard of corporate personality system, it is recommended with drawing lessons from other countries or regions of the useful experience by our country Firstly, on the perspective of substantive law,to apply the system requires the existence of drug abuse behaviour of the corporate shareholders.ButOur legislations do not make the corresponding provisions for specific actions. So the application in the judicial practice caused serious obstacle. the author suggests to make judicial interpretation of typical form of abusing to list for details and other failed to act out in general can include terms. Secondly, due to the missing of the company for our legal of the personality in the proceedings,the author think the scope of the plaintiff and defendant should be clearly defined first..Law provisions of the burden of proof shall be turned to implement the law of the principles of fairness and the objective of justice. The case of the disregard of corporate personalit should be submitted to the intermediate people's court.and Cases must be reported to the supreme people's court for the record. Finally,the author thinks the system of he disregard of corporate personalit in the execution procedures shall be not directly applicable, or it will seriously violate company shareholder litigation rights violation of law of our country, and the legislative purpose.