论公司法人格否认制度

On the Disregard Principle of Corporate Personality

公司法人制度的确立为鼓励积极投资,促进经济发展起到了重要作用。但是在公司实践中存在着股东利用公司独立人格侵害债权人合法权益和社会公共利益的种种现状。这就要求我国从理论上完善公司法人制度,从实践中约束股东的不当行为,实现公司的社会责任。

The celerating economic establishment of the corporate institution play an important role in encouraging positive invest and acdevelopment. However in the company there are many cases of shareholders using corporate independent personality infringe creditors＇ legal public advantages and social public advantages in practice. So the disregard principle of corporate personality is required as the exception of independent principle of corporate personality to our companies by establishing and managing the lawmaking and judicatory, and the range and conditions of its application must be strictly identified so that the corporation＇s social responsibility can achieved by perfecting the corporate institution in principle Key and restricting shareholders＇ improper act in practice.