Disregard Of Corporate Personality System Research

The development of modern market economy cannot do without the participation of multi class market. As a participant of the market economy, the stability and health of the good market economy environment of the building is very important. The company is in a market economy can be achieved independent status, with independent property, independent responsibility ability are inseparable. The company legal person system greatly encouraged by the enthusiasm of investors, reducing the risk of entrepreneurs. It plays an irreplaceable role in the economic development and capital markets in circulation. However, due to profit driven nature of business, this system is likely to be some shareholders abuse, thus becoming the umbrella to protect them to seek illegal interests. At this point, the interests of creditors in an extremely dangerous state, its business risk increase significantly, greatly damage the market fair trading rules. In order to make up the deficiency of the corporate system, so as to better serve the market economy, the system of disregard of corporate personality will emerge as the times require. This system provides a new way for the relief of the rights of creditors, the legal status of re balance between shareholders and creditors of the company. Specific to our country, our country has introduced the personality of the company in 2005, Company Law modification of denial system. The move greatly enriched our company juridical person system, provide a guarantee for the operation of the market environment of fair. But we also should see, our country in the legal provisions of the system is not perfect, in practice there are many deficiencies. Especially in our country, Company Law to make new and revised in 2013, is to put forward new requirements on the theory of disregard of corporate personality. In the Company Law to modify, China is mainly made changes to the registered capital of the company. Shareholders’ capital liability from the "paid" into a "subscription system". This reform greatly encouraged by the enthusiasm of entrepreneurs, but we should also see the negative side. The reform of the registered capital of the company, the company registration threshold further reduced, "a possible 1 yuan company". But this state is unfavorable for the creditors of the company. The increased risk of commercial risk and claims of creditors, has put forward higher requirements on creditors business ability. The reform of the registered capital of the company, is likely to be criminals to provide for protection of commercial fraud opportunities. If this situation occurs frequently, it is unfair for the company’s commercial counterpart. Therefore, in order to balance the relationship between the two sides, the system of disregard of corporate personality is more important. This paper is based on the above background, the disregard of corporate personality to do some research. The research mainly includes the following parts:The first chapter:the theory of evolution and the system of the disregard of corporate personality. In this chapter mainly discusses the continental law system and Anglo American law system, the theory of disregard of corporate personality. In a historical perspective, the disregard of corporate personality is analyzed.The second chapter:the theoretical foundation of the system of disregard of corporate personality. Mainly introduces the concept, the system of disregard of corporate personality characteristics, the significance of the research, and comparative study. Analysis of the theory of fairness and justice, honesty and credit, the theory of prohibit abuse of rights theory to support its theory.The third chapter:comparative study on the system of the disregard of corporate personality in foreign company. Introduced the disregard of corporate personality in two legal systems, and of the two legal systems of the system to do a comparative study.The fourth chapter:the specific application of the disregard of corporate personality. Introduces the specific application of the elements of the system and application of this system in our country, the significance of the disregard of corporate personality.The fifth chapter:China’s disregard of corporate personality system and perfect the legislation. This paper introduces application in our country the necessity and background. The analysis of this system in China the existing problems, put forward suggestions to perfect the disregarding of corporate personality in China.