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我国(中国)的公司法修订后，关于公司法人人格否认的责任承担形式，规定为连带责任。公司法第20条第3小条说：“公司股东滥用公司法人独立地位和股东有限责任，逃避债务，严重损害公司债权人利益的，应当对公司债务承担连带责任。

China's "Company Law" amendment, on the responsibility of Disregard of Corporate Personality bear form, defined as joint and several liability. "Company Law" Article 20, paragraph 3: "abuse of corporate shareholders independent status and limited liability of shareholders, to escape debt, serious damage to the interests of the creditors of the company shall be jointly and severally liable for the company's debt." Section 64 provides that: "a person shareholders of a limited liability company can not prove that the property independent from his own property, the debts of the company shall be jointly and severally liable. "so-called joint and several liability in civil law theory, mainly refers to two or more parties are assumed debt, respectively All liability settled, the creditor is entitled to any one, several or all of the parties to put forward a request to perform the debt, when a party fulfilling that obligation, the right to require the other party jointly and severally liable to pay its share shall bear . (Footnote - 'Ma Ju, I extend full:' Civil original theory ", Law Press, 2005 edition, page 160.) Based on the principle to understand the new" Company Law "Article 20 provides that when the creditor as the shareholders misuse of company independent personality behavior or limited liability damage, you can either ask the shareholders accept full responsibility, you can also require the company to take full responsibility. Shareholders or the company has assumed full responsibility alone, you can request the other party shall bear its share of commitments. However, the question appears, the first is how to determine the shareholders and the company's share of responsibility; Second, if the company's independent personality is a shareholder abuse, and also require the company jointly and severally liable together, then the other shareholders do not abuse the interests of corporate personality, it will be jointly and severally liable because the company compromised.

Second, corporate personality denial system applicable standards are not uniform

公司法第20条的规定的内容和许多国家对于公司法人人格否认制度的规定一样，没有确立使用公司法人人格否认制度的统一标准，对于何为滥用股东权利，何为滥用公司法人独立地位和股东有限责任，没有做出很好的解释。

New "Company Law" provisions of Article 20, and many countries in disregard of corporate personality system requires the same, does not establish corporate personality denial system using a unified standard for what is abuse of shareholders' rights, what is the misuse of corporate independent status and limited liability of shareholders, did not make a very good explanation. Of course, the reason is that the question itself is not able to pass legislation to establish a simple standard, and our country is not the case law, it is impossible to determine the applicable through case Disregard of Corporate Personality System in specific circumstances. For the company itself or the shareholders, there is no certain standard, meaning no exact rules of conduct, how to judge their own behavior is a violation of the law to become a doubt; Meanwhile, a legal gap for the misuse of corporate and independent status limited liability of shareholders to create favorable conditions. For creditors of the company, there is no uniform standard, which means the creditor can not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。