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based on irrefutable law to safeguard their own interests, is not conducive to corporate personality denial system to protect the interests of creditors of the company to achieve the purpose. For the Court, there is no certain standard, will cause difficulties for the regime, which to some extent, a test of the judge's discretion and professional qualities and ability to grasp.

Third, China's system of corporate personality denial denial of limited liability to shareholders

China's "Company Law" piercing the corporate veil regimes in a joint and several liability of shareholders, the shareholders in the abuse of corporate personality that harm the interests of creditors of the company, or one-man company, the shareholders and the company's property mixed simultaneously, together with the company by the shareholders on the company's creditors jointly and severally liable. In this case, the creditor can require the company to shareholders accept full responsibility for its contribution shareholders responsible for the company in the form of being broken. Although shareholders bear all the responsibility, in accordance with the principle of joint and several liability, shall be entitled to require the company to undertake a share borne by the company, but this share is obviously a problem how to determine, does not exclude the shareholders liable in full after the closing does not occur share back to the company shall be liable for the situation. Which to some extent shaken the stability of limited liability of shareholders.

Five, our Disregard of Corporate Personality Perfection

1, confirm our Disregard of Corporate Personality System requirements applicable

Independent legal personality denial system must have a relatively specific conditions of application, on the one hand to prevent the limited liability and legal personality being abused on the other hand need to continue to maintain the stability of limited liability. Therefore, the Corporate Personality Denial System requirements applicable provisions need to be very cautious, seeking a balance between the two. Disregard of Corporate Personality For the applicable requirements, the first view is that three essential conditions. (Footnote - Zhu Ci Yun: 'Law in China should establish rules of piercing the corporate veil' set 'laws apply "2005 3) To say that Disregard of Corporate Personality regime applicable requirements including the main elements, behaviors and outcomes Elements Elements . (Footnote - Sun Xiaoyan: 'On the Disregard of Corporate Personality system (under)> set out' Shandong Legal News "April 4, 2006) which says that the disregard of corporate personality, including application of the system pre-condition for the main elements, Elements of behavioral requirements and results.
Given the company's domestic and international legal personality denial system main theoretical perspectives, I think Disregard of Corporate Personality System in China's specific application requirements include:
(1) pre-condition: the company's establishment of legitimate and effective, and has made a separate legal personality is the premise of Disregard of Corporate Personality requirements. Only through legally established and registered company with its corporate personality but also have the potential for abuse, if the company has not established or establishmen