Research On The Expansion Range Of Straight Responsibility Object

In order to comply with the Company Law Reform and respond to China’s new company practice, Company Law Reform in2005formally introduced the piercing the corporate veil originated in Western jurisprudence. However, subject to the generality and principled of statutory law,"Company Law",20and64of the requirements for piercing the corporate veil has many problems in practical applications, and the application of straight responsibility object is the emphasis and difficulty. The straight responsibility object new object is defined as shareholders in the new Company, but does it mean to get an effective solution. In actual fact, piercing the corporate veil of judicial practice has been in continuous development, the types of cases have become complex and diverse, Thus, the defects of the range of the Straight Responsibility object restricted will gradually emerging. Some people have escaped legal sanctions, resulting in damage to the interests of the creditors of the company, but academics failed to pay sufficient attention to this issue. The solution of this problem is very important for piercing the corporate veil cases of judicial practice development. In order to fully highlight the fair of companies law, This paper attempts to research on the necessity and feasibility of expansion range of straight responsibility object.The whole article is consisted of three parts:Introduction, Main part and Conclusion section. The main part has fiver chapters. Introduction puts forwards the problem of expansion range of straight responsibility object Start from the case, summarizes the current research situation in our country before and after the Company Law Reform in2005, and build the framework; Chapter One based on the review of the relevant company law norms, points out the range of the Straight Responsibility object is restricted, and study the laws of other countries; and analyze the reasons; Chapter Two depth analysis of the main reason of the Straight Responsibility objects restricted range; Chapter Three from the point of view of the case combing, focusing on description the main situation of expansion range of straight responsibility object in practice, which is the actual control, the sister company and the back of actual control, the shelling operation in the new company and controlling shareholder or actual controller, and analysis the reasons and conditions theoretical; Chapter Four discusses its feasibility from the perspective of jurisprudence and law economics, and re-interpretation of the relevant provisions of the "Company Law" disregard of corporate personality in the level of institutional evolution, and emphasizing the value content of the legal personality deny rules, and introduction of Kos conflict configuration thought for the study of the problem; Chapter Five thinking the pass of the expansion range of straight responsibility object. Disregard of corporate personality innovation comes from the judicial practice, but is not easy for expansion range of straight responsibility object in practice. It needs specific analysis, and the key is how to balance the tension of the legislation and practice; Finally, the Conclusion end.This article follows the principle of theory in connection with practice, compiling the academic research, clarifing the vague understanding of the domestic law of the academic mainstream theory, and based on judicial practice in China, demonstrating the legitimacy of expansion range of straight responsibility object.