刺破公司面纱（Piercing the corporate veil）.doc

刺破公司面纱（Piercing the corporate veil） Piercing the corporate veil of disregard of corporate personality, also known as the corporate veil, the premise that with legal personality in that company, in particular legal relationship of corporate personality and the limited liability of shareholders to be negative, the regulation of shareholder abuse of corporate personality and limited liability company, the protection of the creditor and social public interests. Disregard of corporate personality is not on the independence of the company comprehensive permanent deprivation, its effective range is confined to certain legal relations and specific events, usually the independent personality of the company denied in a way that does not affect the recognition of Companies in other areas is an independent legal entity. The system of disregard of corporate personality has the following characteristics: First, the company has been legally qualified as a legal person. Only this kind of legal person established according to law can become the object of the disregard of corporate personality, and it is also the basic basis for the disregard of corporate personality and the responsibility system of the establishment of corporate defects. Only in this way can the shareholders enjoy the independent personality of the company, and the abuse of their personality will be necessary for the company to deny its personality. Second, the companys shareholders abused the companys personality. Shareholders abuse some of the privileges of the company system, such as the use of the company system to circumvent the law or debt, damage the companys independence, etc., resulting in the legal recognition of the effectiveness of the companys legal system is compromised. The law endows the company with independent personality, and the shareholder enjoys the limited liability, but the shareholder enjoys the right and must maintain the independent personality of the company and ensure the legality of its