论公司法人人格否认制度在我国的适用-法律专业论文.docxVIP

2 2 1 1 现程序上的正义对实现实体法正义的重要作用得出完善我国程序法的必要性，并结合我 国司法实践和具体国情提出完善司法上适用该制度的建议。 关键词：公司；公司法人制度；公司法人人格否认制度；适用 Abstract The modern corporate system has two basic characteristics: the company has the independent personality and the shareholders bear limited liability to the amount of paid capital, forming benefit balance system of companies, shareholders and creditors, increasing the stability of the market, investment promotion and promoting social development to achieve fairness as well as justice. But with the abuse of shareholders’ limited liability, the independent personality becomes firewall (or veil ) between the shareholders and the creditors. The shareholders use the system to infringe the interests of the creditors and the society, leading to imbalance of the original balance system. But based on this firewall (the independent personality of corporation), blocking the creditors of the company to investigate the abuse of the company personality of the responsibility of shareholders, causes that the company legal person system deviates from the goal of fairness and justice in law. For the goal, the western law men created the company legal person personality denial system, which uncovers the veil and gives company creditors the right of direct recourse for the shareholders’ liability, to maintain the company legal person system, restore unbalanced system, and realizes the fairness as well as justice. Although corporate legal person personality denial system has been established in the western countries more than 100 years, until 2005, China set the system in the newly revised Company Law, indicating further improvement of the company legal person system in our country . As a relief system, the legal system is suitable for life, but our company law is in principle, resulting in the problem of difficult application. Based on the basic theory of the system, this article explores the application of company juridical person personality denial system in the perspectives o