Analysis The Disregard Of Corporation Personality Of Affiliated Corporation In Case Of Xugong V.Chuanjiao

The development of the implementation of modern enterprise system and the capital market, the Affiliated Corporation of this form of enterprises has become an important economic phenomenon in the realistic economic life. Affiliated Corporation refers to achieve a specific purpose to form the joint between enterprises through specific means for the enterprise. Affiliated Corporation has attracted the attention of lawmakers in some foreign countries, but the Affiliated Corporation in China the Corporation basically belongs to the blank in the legislation, in the judicial practice, the application of disregard of corporate personality only Affiliated Corporation to Corporation law article third and article twentieth as the basis, and the Affiliated Corporation is different from normal to Ordinary Corporation, Affiliated Corporation is disregard of corporate personality should make special regulation, and the provisions of the Corporation law, not only the general provisions. In the practice of Corporation, the relationship is getting more and more accountability from creditors. The relationship between equity, debt confused, confusing Cross personnel are the basic forms of Affiliated Corporation personality confusion.This article analyses the Xugong v. Chuanjiao trade case, investigate the Affiliated Corporation denied problems in the corporate personality. The article is divided into three parts, the first chapter introduces the case and the verdict of Xugong v. Chuanjiao trade; in the second chapter, the focus of controversy in this case as the breakthrough point, combined with case analysis of the main elements of Affiliated Corporation, behavior element and the elements of application of disregard of corporate personality; the joint liability of controlling shareholders and the case for determination of the joint and several liability; based on the analysis of the case for legal personality denial case theory perspective; the third chapter of protection against Affiliated Corporation creditors and shareholders shall comply with the obligations, and the denial of legal blank on the Affiliated Corporation corporate personality, puts forward some thoughts and suggestions.