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principles, requirements companies must adapt to meet its business activities capital scale. When the company's capital is insufficient, shareholders invested not only in breach of its legal obligations in full, but also its business risk onto the creditor, in this case, be denied the company's independent personality, creditors of the company by the shareholders directly liable. (Footnote - Qiao Yaqin: 'Disregard of Corporate Personality Analysis> load' Administration & Law) of 2005 ll. ) Thus, the Supreme Court's judicial interpretation has begun scattered corporate personality denial system to the content, the judge in adjudicating cases, according to the spirit of the exercise of judicial interpretation of the right to piercing the corporate veil.

February 28, 1995 promulgated the "National People's Congress Standing Committee on the Punishment of Crimes against the Company Law decision", the provisions of the applicants who registered false registered capital, the company sponsors, shareholders failing to contribute, false investment, capital flight, and the consequences are serious, or if there are other serious circumstances, units, and the person directly responsible shall bear a certain responsibility.

 1998 made by the Supreme People's Court "on the implementation of the People's Court Provisions on Several Issues (Trial)" (hereinafter referred to as "executive regulations") provides that: "If the person who is not qualified private-owned enterprises, an inability to fulfill legal instruments to determine obligations, the court may award the implementation of the other property owners owned enterprises. "" debtor debts without property, if its run when it opened units registered capital invested untrue or withdrawing registered capital, you can change or ruling additional units of the debtor of its start-up in the registered capital of not untrue or withdrawing registered capital within the scope of the application executor responsibility. "scholars believe that the Supreme People's Court judicial interpretation by the above form, clear in the implementation of the program may also be directly applicable legal personality denial system for the legal personality denial system in the implementation of the program provided the basis for the application. (Footnote - Qiao Yaqin: 'Disregard of Corporate Personality Analysis> load' Administration & Law) of 2005 ll. )

January 3, 2003 Supreme Court announced the "trial and enterprise restructuring-related items of certain civil disputes safety issues" (hereinafter referred to as "enterprise restructuring provisions"). "Corporate restructuring provides that" Article 35 stipulates: "to acquire the means to achieve the enterprise holding, have been holding company's debt, still its own. But holding enterprises withdrawal of funds, evading debts, caused by holding companies unable to repay debt , have been holding company's debt by the holding companies bear. "scholars believe that, although the requirement involved is limited in scope, but reflects the disregard of corporate personality jurisprudence, for the regulation of economic life, there are a lot of abuse of corporate personality situation, of great significance. (Footnote - Jin Jianfeng: 'Disregard of Corporate Personality Theory and Its Practice in China), set' Chinese Law> 2005 2. )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。