论文部分内容阅读
公司是依法成立的法人,股东以其出资额为限对公司的债务承担有限责任,公司以其全部财产对公司的债务承担责任。有限责任是公司得以产生的前提,现代公司制度也被认为是市场经济的基石,而公司的独立人格及股东的有限责任无疑是公司制度的核心。为了防止现实中滥用公司法人独立地位和股东有限责任,在坚持公司法人独立地位的前提下,引入公司法人人格否认制度作为法人人格独立的一个例外是顺应形势之举,但新公司法对这一制度的规定过于笼统,有必要通过立法加以完善。
The company is a legal person established according to law. Shareholders, subject to their contribution, have limited liability for the debts of the company. The company takes all its assets and liabilities for the debts of the company. The limited liability is the premise for the company to come into being. The modern company system is also regarded as the cornerstone of the market economy. The independent personality of the company and the limited liability of the shareholders are undoubtedly the core of the company system. In order to prevent abuse of the independence of corporate juridical persons and the limited liability of shareholders in the actual situation, the one exception to introducing the corporate personality derogation system as an independent personality of a corporation under the premise of upholding the independent status of corporate juridical persons is to comply with the situation. However, The rules of the system are too general and necessary to be perfected through legislation.