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After the birth of legal system, because it has great economic value and legal value, in all aspects of society has been most fully applied. First, for corporate enterprises, independent personality not only so that it can independently departure from the overall efficiency of business activities, but also to make it have a more clear value criteria - to maximize their profits, but also to make it operate condition manifested more intuitive, easy to supervise them. Secondly, for investors, on the one hand the independence of corporate enterprises is conducive to the stability of corporate balance sheets, so that business activities have sufficient property for security, help enterprises to maximize profits and maximize return on investment goals; another On the one hand, corporate enterprises independent personality also makes investors by the limited liability protection, loss of business failure is only part of its capital contribution, rather than unlimited liability would lead to the danger of ruin. It can be said of corporate personality principle of independence and the establishment of limited liability of shareholders is a major revolution in the enterprise system, a strong impetus to economic development, greatly stimulated the enthusiasm of investors to make the company expanded rapidly, to adapt to the large-scale socialized production and economic development needs. As the American scholar Butler puts it: "limited liability company is a contemporary Sheng great invention, which produces a sense even beyond the invention of the steam engine and electricity."
However, any system once it is absolute, it inevitably reflects the two sides. As investors dominance and the lack of appropriate legal system itself to achieve the balance of interests between investors and creditors mechanism will inevitably occur institutional investors in corporate abuse the privilege of limited liability of shareholders, creditors and even damage to the public interest. "This kind of double-edged sword for the absolute that it presents, on the one hand, it controlled at a reasonable shareholder liability within the scope of those who forge ahead to become the umbrella: on the one hand, when the abuse of limited liability company members, it fraud and extortion who became a talisman. "(footnote - Erh clarity:" Disregard of Corporate Personality and the utilization in China ", page 28)
Practice has proved that corporate personality system does not operate in full accordance with the wishes of the designer, in real economic life, since the concept of personal and institutional independence of the company, limited liability system absolute, so that corporate personality system in promoting economic development while there have been some irregularities purpose, misuse of company shareholders for the company independent personality and limited liability of shareholders as a talisman, this should lead to a balanced system of corporate personality interests of a party to the shareholders tilt system so that the system itself has a corporate social value can not be achieved. Specific performance:
First, shareholders dominance breed danger. The traditional company law to protect corporate interes