揭开公司面纱制度在审判实践中的适用及完善-法律专业论文.docxVIP

PAGE PAGE VI ABSTRACT ABSTRACT The independence of corporate personality system and its derived system of shareholder limited liability have greatly pushed the rapid development of the modern market economy.And also become the basic law system of the modern commercial.However,with the deep practice of this system, there appears more and more shareholders abusing the corporate personality and the shareholder limited liability to avoid the debts, even gaining an unfair advantage. This kind of behavior not only harms the legitimate benefit of company creditor, but also upsets the market economy order, which brings about the unexpected risks for the normal running of the market economy. The theory of Lifting the Veil of the Corporation is the effective regulation to this kind of abuses, and our country also establishes the law position of the Lifting the Veil of the Corporation Theory in “Corporation Law” in priciple. Of course, the regulation of “Corpation Law” to this theory is far from perfect, and also it could easily exceeds the proper limits in righting a wrong. In that case, it should be careful how to apply this regulation in judical practice. This paper will conduct an empirical study of lifting the mysterious veil of the coporation combining with the existing cases on the base of the regulation in “Corporation Law”. Apart from the preface and conclusion, this paper is divided into stree charpters. The first chapter will make summary overview on system of piercing the corporate veil. This section discusses system of piercing the corporate veil abroad and Chinas judicial interpretation over the years and the Act on the introduction of the system of piercing the corporate veil. The second chapter will introduce and analyse the judicial practice of Lifting the Veil of the Corporation System. This chapter will epitomize five kinds of performance of abusing the Coporate Personality and shareholder limited liability by law cases. The fifth chapter will give some s