从本案看揭开公司面纱制度在司法实践中的运用（The application of uncovering the veil of the company in judicial practice from the case）.doc

从本案看揭开公司面纱制度在司法实践中的运用（The application of uncovering the veil of the company in judicial practice from the case） The application of uncovering the veil of the company in judicial practice from the case Ju Peng Li [Abstract] piercing the corporate veil, also called piercing the corporate veil or Disregard of corporate personality, means that when the company has an independent personality behind the actual control rights of shareholders and other abuse of company, damage the company creditor and social public interests, the court will put aside the independent personality of the company, the company will as control of the company by shareholders or other actual hidden in the company behind the behavior, to bear the corresponding legal responsibility. The introduction of piercing the corporate veil, and not on the independent personality of the company and the limited liability company denied, but insists on the independent corporate personality and limited liability system, from the perspective of fairness and justice, compensatory legal principles in order to ensure the interests of creditors and social benefits as a whole and design. I. brief introduction of the case 2000 Winbond company to buy the company for battery value of 6 million 650 thousand yuan, up by about the company to perform the obligation of delivery, Winbond company has been unable to pay. So in the company filed a lawsuit to the court, in 2001, the Nanjing intermediate peoples court verdict Winbond company paid 6 million 650 thousand yuan for the company in the late payment penalty and etc.. But after the judgment into effect Winbond company has no property available for enforcement. In 2004 the company found through the transfer of Winbond company business registration information, financial statements, Winbond company paid in capital that has been the column is zero, and in July 7, 2004, Nanjing city Industrial and Commercial Bureau therefore issued a book to revoke the business license of enterp