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公司是具有独立法律主体地位的法人,应当以自身财产独立承担经营过程中产生的法律责任,公司股东对此不承担责任,这是法人制度基本精神内核。但是,我国新《公司法》第3条规定,公司股东应当在(认缴)出资范围内对公司承担责任,那么这是否意味着公司债权人可以直接起诉要求不实出资股东对其承担连带责任呢?司法实践中虽有不同判决,但大多数都判决不实出资股东应当对公司债权人承担有限连带责任,即在其出资
The corporation is a legal person that has the status of an independent legal entity and shall bear the legal responsibility arising from its business operation independently with its own assets. The shareholders of the company shall not be responsible for this, which is the basic spirit of the legal person system. However, Article 3 of our new “Company Law” stipulates that the shareholders of a company should assume the responsibility for the company within the scope of the contribution (subscription). Does this mean that the creditors of the company can directly sue the shareholder who claims to be unfairly liable for the joint and several liability to the company? Although there are different judgments in judicial practice, most of them have verdict false investment. Shareholders should bear limited liability jointly and severally with the creditors of the company, that is,