On Denial System

Independent corporate personality is the one important content of the legal system of modern corporate-and therefore, compose the limited shareholder liability system, this system be called a innovation of corporate organizational system, the same influence power with industry revolution. No doubt, this system is the foundation stone of modern corporation law. The independent corporate personality act a important role thought the development history of corporate, and also be the magic to drive investment and capital accumulation in our country, enhance the growth of economics. But, as a double edge sword, In a great deal of promoting economic development, have some very serious negative impact, the limited liability be the cover for illegal business and obtain, escape the legal responsibility and right, infringe financial claim of creditor and break social economics order, let corporate personality face to challenge. For above reasons, need to take concerned steps to keep the legal right of creditor and ensure the safe for social economics order. Therefore, disregard corporate personality in the condition of maintain the independent corporate personality and limited liability of shareholder, to inquire responsible person for legal liability is became more and more important.Four parts for this article:1, State the definition, character, and foundation for the law for disregard corporate personality. To proof the meaning, necessity and theory foundation for disregard corporate personality.2, The comparison among nations of disregard corporate personality.3, State the suitable condition of disregard corporate personality. Present four key conditions for disregard corporate personality:subject condition; behavior condition; result condition and causes condition.4, How to complete the disregard corporate personality in judicial practices for our country.The conclusion of this article:the system of disregard corporate personality is the negative impact cause by limited liability corporate in the meanwhile to accelerate economics development. To avoid the illegal obtain and legal right of creditor damaged in the name of corporate personality and limited liability of shareholders. So in the judicial practices, not only to preclude the misapply for disregard corporate personality, but also dare to "unclose the veil of corporate". Use this way to complete corporate legal system for our country and creative a harmonious development aspect of society.