“公司人格否认”辨

The Denial of A Company's Personality

通常所谓公司人格否认，不仅称谓上辞不达意，且在逻辑上含混了公司人格与股东有限责任两个概念。对其予以解构、整合：划分为公司人格否认、公司人格“个案”否认和股东有限责任的个案否认三个层次，将其归属于相应的法律范畴，分别设定条款并安置于恰当位置，从而既使概念清晰准确，又可节约制度移植和立法成本，而且利于贯彻执行。

Generally speaking, the concpet' denial of a corporation's personality' can't explain its original meaning, moreover, it also confuses two different concepts in logic corporation's personality and limited liability of sharehfolders. Therefore, the author thinks that it's necessary to divide this denial into three different levels: Denial of a corporation's personality, denial in some cases of a corporation and denial of the limited 11ability of shareholders in some cases. If these denials are put into related categories, and related clauses are set and disposed in due position, this will make this concept clear and correct in meaning, save up the cost of system borrowing and legislation, but also become advantageous to carry it out.