On The System Of Negating Personality Of Juridical Person

The system of negating personality of juridical person, used as effective precautions against misusing the problem of personality of juridical person, has already been accepted and applied in most countries of Anglo-American legal systems and Civil law system, yet it is still in the bud in China. In theoretical study and judicial practice, it has become an urgent problem to be solved for our country that which model to be chosen for law making; how to operate the model in judicial practice and how to distribute the civil responsibility after negating personality of juridical person. For this, this paper will discuss this system from three aspects. First, give the notion and characteristics of such system and simply comment on the essence and value of it, inspect the origin and development of the system of negating personality of juridical person. Next, show brief description on its basic theory especially on its suitable conditions and scopes, exceptions, ways and classifications. And at last, the author has emphatically suggested his conception on how to set up the system of negating personality of juridical person in China. The author thinks our country should consider"formal law"as the main part in legislating this system, and judicial interpretation as an assist, judges should be entrusted with some rights of free discretion, which is characterized with our country. In judicial process, two stages——judgment and execution are required into the operational process and its way. At the same time, analyze the distribution of civil liability after negating personality of juridical person starting with stockholders, directors, parent companies, and registered accountants. The writer expects that the study will be beneficial to the establishment and improvement of the system, especially to the judicial practice.