중국회사법상 法人格否認에 관한 판례의 종합적 검토

Abstract

As the saying goes: the harm always lies in everywhere where there is gain. As two cornerstones of legal person system, the independence of corporate personality and shareholder’s limited liability is not only the essence of the legal person system, but a double-edged sword which innately embraces moral crisis related factor, and thus trigger “Moral　Hazard”subsequently because of various transformation. Although the separation of shareholders and companies builds a legal barrier between shareholders and creditors, but the link between shareholders and companies is not split. Sometimes shareholders is reluctant to tolerate the depression and suffering caused by such separation, thus they tend to actively participate in persuing the maximum benefits; in some situations where the high-level legal interests prior to such interests, it’s imperative to apply the disregard of corporate personality. As the disregard of corporate personality system had been definite incorporated into the Chinese legal system of China in the revised amended “Company Law of the PRC”，Consequently problems about the grasping and explaining come along in judicatory practice. Through the observation of judicatory practice in recent years, there aren’t uniformed rules in respect of disregard of corporate personality case; and no matter the methods are proper or not, courts at all levels had actively explored solutions in judicial practice. With regard to commercial cases, particularly, the fickle company cases, emphasizing on blindly unified standard may turn to be shackles of justice, and typology is exactly a reasonable way to solve the aforementioned problems.