Expansion For Disregard Of Corporate Personality In China

Corporate disregard as equity sex system, in independent personality system should pay more attention to form the basis of justice emphasize of substantial justice safeguard and pursue, for the. company’s independent personality system better function provides an important support. The company as a market cells are part of the market and development foundation, independent personality system is the system development and a continuation of the premise. Corporation law disregard is independent company personality system the detergents, help market cleaning pests company, for the market to provide clean and healthy development of atmosphere. So far, the company disregard abroad in some developed cases.Have a hundred years of development history, the rich connotation and mature system. When faced with an important institutional choice and mature foreignfiction system using for reference, when the company of our country legal disregard of legislative situation carding, when analysis the company of our country about disregard of case trial practice, we found that at present company disregard of legal situation how immature. The immature embodied in the following:the first, theoretically, domestic scholars’ research scope and depth of company law of personality is insufficient, understanding and subjective judgment exist certain differences.Generally speaking, theoretical system not mature. Secondly, legislative situation general, the existing laws logic is simple and haven’t been system.Law’s connotation is stenosis,and unclear. Thirdly, company law personality deny related trial based on the fuzzy, in this field, legal and principles of common tools become entity. Summarizing all of the above, our country present stage corporate disregard legislative situation and trial practice disjointed and theoretical study hard to support legal interpretation and judicial practice. The disregard of corporate personality want to be perfect that has a long way to go.Reverse pierced and between sister company pierced is the author’s discussed system expansion.The introduction of the new system and the expansion of the existing system’s surface good is not enough. How the seemingly perfect and practical system successfully sinicization are the most crucial. Company personality deny reverse prick the earliest originated in the United States, according to claim the subject of pierceddifferent can be divided into insider reverse piercedand external people’s claim before reversepierced, in the United States, reverse prick of normal for insider reversepierced, the prick more is in the public interest, maintenance or special policies implemented and applicable, insider reverse prick in the process of development also met with many challenges, some scholars pointed out insider reverse piercedis equivalent to its own deny their personality. This exists not contradiction. External people reverse piercedcompare it with insider reverse piercedso rich history and case support, but the author thought external people reverse pierced represents a kind of trend, the market economy is developing and complex of today, emerge in endlessly malicious trading requires external people reverse pierced system. Between Sister company pierced from behavior on look seem more complex, whether pierced way, a pierced number, or between sister company pierced reasons are different from the traditional standard piercedand above mentioned reverse pierced. But the complex behind is able to resolve our faces complex problems, rational, agent and words such as mercenaries in market economy deepening today became each merchants compulsory and motto, true company and true trading reduced market security, affecting people’s investment enthusiasm, disturb the transaction order and between sister company pierced conducive to regulate a shareholder established multiple company injure market.Anyhow, today with unceasingly and thoroughly legitimation and building a harmonious society, the perfection of legal system should go first. Specific to corporate personality independence field, the author thinks that China should modify current legislation, the introduction of external man reverse disregard and between sister company disregard to laws expansion solve real-life conflict laws, to perfect lead the market behaviour.