法人独立责任质疑

A Question about the Validity of the Independent Corporate Liability

法人独立责任 ,一直以来被视为法人独立人格的必然附随产物 ,这的确制约了我国法人制度的发展步伐。本文通过法人及有限责任的历史形成以及世界范围法人及其责任立法模式的比较 ,充分展示出 ,法人人格不等于法人责任的必然独立 ,而法人责任的独立乃渊源于股东有限责任的形成。

The independent corporate liability has been regarded as the inevitable collateral outcome of the independent corporate personality, which certainly constrains the development of the corporate system in our country. With the historical formation of corporation and limited liability and the comparison of legislative modes on corporation and its liability worldwide, this article fully shows that the corporate personality is not equivalent to the inevitable independence of the corporate liability, which origianates from the formation of limited liability of shareholders.