揭开股东有限责任否认法理的“面纱”

股东有限责任制度的创设对于世界经济的推动起到了不可估量的作用，然而股东有限责任因为股东的“经济人”本性而不可避免地被滥用。学界对于股东有限责任滥用行为多倾向于适用股东有限责任的否认法理。我们对于股东有限责任的缺陷，可以采取制度设计和完善立法等措施加以弥补；对于股东滥用有限责任的行为，可以通过追究股东的侵权责任等手段予以补救，而不宜适用股东有限责任的否认法理。

To Open the"Veil"of Theory that Denied a Limited Liability of Shareholders

The creation of shareholders limited liability regime for driving the world economy played an important and inestimable role. However, because of＂ economic man＂ nature shareholders limited liability inevitably be abused. Academics tend to apply to theory that denied a limited liability of shareholders for abuse shareholders limited liability. In fact, there are still more obstacles for the application of the deny theory, and the theory has not been used in our judicial practice. We can take the design of the system and improve the legislative and other measures to make up for the limited liability of shareholders of defects;we can also hold the responsibility of the shareholders of the infringement and other means to remedy the situation for the abuse of shareholders, and should not apply to theory that denied a limited liability of shareholders.