The Application Of "the System Of Disregard Of Corporate Personality" In Practice

"The system of disregard of corporate personality" is a hot issue that has been discussed widely and deeply in recent years both in the commercial law theory and judicial practice circle. The new "company law" was carried out in2005, the system of disregard of corporate personality was officially established in the form of law in China, and it began to enter the judicial practice. From now on, there is a a clear legal basis when the court is hearing related cases, and there is also one more systematical security for those who engage in the market. At the same time, as the one of the most important market bodies, company’s operation will be further standardized and more regular. Because in the current area of economic activity, there are a lot of people abusing corporation legal personality and the limited liability of shareholders. They engage in illegal business, get illegal benefit, and avoid responsibility and obligation, damage the legitimate rights and interests of creditors. As a result of that, the good order of the market is disturbed and the running of the society and the economy is impeded, what is the connotation of "the system of disregard of corporate personality", what is its feature, how to apply it in the judicial practice, and what should we do to make it perfect at present. This article takes a case of the Kangda company v. Tianma company as an example. Through the legal analysis of the case, to discuss the the above questions of "the system of disregard of corporate personality"and get a further understanding.