英语论文网

大家都知道，公司作为现代企业制度的基本组织形式，是一个伟大的发明。公司制度，鼓励投资，促进经济发展和社会进步起到了巨大的作用。企业存在的制度，使人类能够有效地聚集分散的财富和人力，实现了单资金是难以实现的经济目标，满足那些使用新技术，新设备也为高风险，高需求该行业的投资发展，适应了生产力的社会和经济发展的需要。

As we all know , the company as a form of basic organization of modern enterprise system , is a great invention . Company system to encourage investment , promote economic development and social progress has played a huge role. Corporate existence of the system , so that humanity can effectively gather together the dispersed of wealth and manpower , to achieve a single capital is difficult to achieve economic goals , meet those using new technology , new equipment is also the demand for high- risk , high investment development of the industry , adapted to the needs of social and economic development of the productive forces . The company plays such a huge security features two independent personality lies in the status of a limited liability company and the shareholders of principle , we can say that this is the cornerstone of both the modern corporate system. So , not a last resort , never waver in this two, otherwise there is the danger of a fundamental shake even the entire market economy system throughout the company will eventually be wasted. Based on this value considerations, Disregard of corporate personality needs to meet certain conditions :

前提条件：该公司必须符合法律规定的条件，并取得法人资格。如果公司尚未成立或设立瑕疵，但不能否认作为一个企业的个性的对象。
1, Prerequisites : The company must comply with the conditions established by law, and has made legal personality. If the Company has not established or set up defective , it can not be denied as a corporate personality object .

2 , the main conditions : First, the idea of corporate personality who denies the abuse of legal personality means that the creditor suffered damage , followed by abuse perpetrator independent personality , which can be controlled shareholder actual behavior , it can be the mother of abuse of dominant position head of the company .

3 , the behavior of elements: the shareholders have the ability to govern the implementation of the misuse of the Company's independent personality behavior. Subjective and objective existence of abuse and misuse of the debate civil law countries . Subjective abuse argued that only the presence of subjective bad faith , will produce the company Disregard ; and objectively judge abused argued that as long as the behavior of a causal link independent personality imbalance between interest and misuse of company , regardless of the perpetrator's subjective state of mind.

4 , the results of the elements : implementation of the misuse of company 's independent personality and social behavior generated harm creditors , and this degree of harm must meet the "serious" level. No damage that is no relief , no harm would result without the necessary applicable Disregard of Corporate Personality System . Even if the company has abused the legal status and limited liability companies act , as long as not to cause serious harm to the creditor , they may not apply to this provision . Similarly, in the case of the company has sufficient property in本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。