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一、公司法人人格否认诉讼的现状在国外,法人人格否认的诉讼已经作为债权人维护自身权利的比较成熟的诉讼制度。但在我国,自《公司法》2005年修订至今,债权人运用法人人格否认制度维护自身合法权利而提起的诉讼却并不多见,即使提起了诉讼,各级法院从立案到审理阶段,都缺乏成熟的判例指导,法官的自由裁量权很大,导致在现阶段的审判中对此类案件久拖不决,或是审判结果背离法人人格否认的立法初
First, the corporate personality deny the status quo litigation in foreign countries, legal personality denied litigation has as a creditor to maintain their own rights more mature litigation system. However, in our country, since the revision of the Company Law in 2005 up to now, the lawsuits filed by creditors using the system of legal personality disregarding the system to defend their own legal rights are rare. Even when litigations are filed, the courts at all levels have no right from the stage of filing to the stage of trial Mature precedents lead to the great discretion of judges, leading to the long delay of such cases in the trial at this stage, or the early termination of legislative judgment from the personality of the legal personality