对我国适用公司法人格否认法理的质疑（Query on the legal principle of disregard of corporate personality in China）.doc

对我国适用公司法人格否认法理的质疑（Query on the legal principle of disregard of corporate personality in China） Often feel tricky (Note: Zhang Guoming: Research on the principle of disregard of corporate personality, which contains the current hot issues of civil law and economic law, peoples court press, February 1995 edition The problem is not only here. A legal system, if the vague, in theory is not established for unified standards and requirements and are applicable in the judicial practice, the judge will not only cause the difficulties of application, but also quite dangerous, extremely easy to cause the subjective judge and judicial authority, leading to the wrong judgment or even corruption. The clarity of legal norms is the basic requirement of the rule of law. In this regard, we must have a clear understanding of, and can not easily introduce, apply to the existence of the above defects of corporate personality denial law. Because of this, all countries in the world try to avoid the application of disregard of corporate personality. In contrast with the prevailing theories of disregard of corporate personality is that countries in the judicial practice of the court of law personality denial has always taken a relatively cautious attitude, in respect of the independent corporate personality only to its application as an exception (Note: Nan Zhenxing and Guo Dengke: on the legal personality disregard, law of 1997 second). Britain in Anglo American law system is more cautious and conservative in the application of corporate personality denial (Note: South revitalization and Guo Dengke: on disregard of corporate personality, legal studies, second, 1997). The same is true of civil law countries. The legal doctrine of disregard of corporate personality in Germany is called straight line. But in German law, only in very few cases can shareholders bear personal responsibility for the companys creditors.. But in addition to these special provisions of the law, the court rarely go