论公司法人格否认制度(2)

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ABSTRACT

The corporate legal person system chiefly embraces the independence of corporate personality and limited liability of shareholders. In this way, a legal shelter has been set up between the investors and the creditors, therefore, the balance of interests has been achieved. But in fact, the shareholders abuse the corporate personality in real life, which leads to the unbalanced interests of the shareholders and the creditors. So, a kind of system must be established to regulate the act of shareholders. This is so-called disregard of corporate personality. Disregard of corporate personality system is the company system necessity of the independent personality, beneficial complement of the legal person system. The company is an independent civil subject, which should have an independent right ability, independent property benefits also can undertake responsibility independently, otherwise its personality isn't complete. Therefore deny towards matching to correspond the important item but has been lost independent personality characters actually in special conditions, then can order the shareholders who abuse company personality to undertaking unlimited liability to repair victims, this is the demand that law guarantees justice and recovers justice. Although our country has already led to go into company law, but the disregard of corporate personality system in the new company law still not perfect.

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