Research On The Personality Sublation Of Corporation Artificial Person

The personality independence of corporate juridical person is an old principle. In 1897, the case of Britain affirmed fully company's personality, have confirmed the emperor on this company law of the personality independence of corporate juridical person principle. Corporate juridical person is a system some personality independence and shareholder's limited responsibility of legal person of lying in the company thoroughly, but with the economic development, drive of the interests, the personality of corporate juridical person is abused by a few illegal shareholders, become investment risk of their illegal transformation, escape the responsibility of debts and tool of community responsibility. Since initiate and " open the company veil " in U.S.A.'s legal precedent law at the beginning of the 20th century, company personality deny apply into judicial practice, it break through corporate juridical person personality independence this principle, have condition , is it deny corporate juridical person independent personality not limiting to have, thus for protect creditor interests and but social public interests " prick company these aspect yarn ", demand the shareholder's legal liability behind the company directly. Corporate juridical person personality deny system as correct corporate juridical person important measure , system of defect, since it produced it so far, is playing a more and more important role in the social economic life and judicial practice. Certainly, the law confirms to the choice of every kind of system it is because of fair justice, balanced in order to reach one, but absolutely not move towards another extreme from one extremely. I have worked for 8 years in a company of Wuhan by oneself, specially engaged in reform to enterprises, through a company, handle and register 11 companies in person, draw 11 copies of business license byoneself, so I abuse to corporate juridical person personality a few illegal shareholder, become they illegal transformation investment risk, escape feeling of debt quite dark. This is the reason that an author chooses this outmoded topic too.This text analyzes from corporate juridical person basic principle , personality of system legal person personality deny reason and historical background that produce to set about, the basic frame of sketching the contours of the personality of corporate juridical person and denying, deny to the personality of corporate juridical person essence and legal status have been analyzed at the same time , have analyzed scope of application and suitable condition of denying in personality of corporate juridical person emphatically, and to question that should notice is it explain , abuse at present our country phenomenon , corporate juridical person of personality analyze to go on in being suitable, perfect legal person personality of our country deny the system put forward one's own imagination just finally.This text divides into three parts to launch besides conclusion part, about 30,000 words.Part 1: To introduce the essence of corporation personality-denial, which is to remove shareholder's limited liability and investigate shareholder's unlimited liability in order to prevent shareholder from. Damaging creditor's interest and public interest by abusing corporation personality. However corporation personality-denial system does not agitate and deny corporation system, but advocates it. In corporation -denial system, tenet of limited liability is revised; corporation system is complemented, which shows legal status of corporation personality-denial. Applicable extensions of Corporation personality-denial are observed on in the whole article from three aspects: applicable protection of publicinterest; applicable protection of creditor's interest which focuses on applicability in courthouse's executive and bankrupt procedure, as well as in the corporation of one-person; application of shareholder's benefits.Part two: to analyze the applicable condition of corporation personality-denial, which includes the group who abuse the corporation personality and the group who advocate corporation personality. Corporation personality always contra poses specific forensic relationship in specific occasions; another condition is that the action of abusing corporation personality has been made; the last one is that factual civil damage has been made, and there is immediate causality between the abuse action and the damage. Of course, considering the ordinary civil liability factors of civil law, the subjectivity of abusing corporation personality is not forced. In fact only the external abusive action is requested all over the world.In this chapter, problems in the application of corporation personality-denial are also commented, that is: applicably principle body, the premise of people-denial, forensic application principle, entity-almsgiving, lawsuit-request and claim-gist.Part three: to analyze the temporary instances of abusing corporation personality in china. According to my own experience, some illegal modalities of corporation, like corporation of illusive investigation, of fund -thieving, of capital nominal and corporation of one person. In this chapter, we also illustrate incomplete legislative actuality temporarily, moreover, contra posing the illegal corporations listed above, we propose some suggestion:In company codices the legislation of corporation personality should be ascertained; regarding the item of one-person in the immediately revised corporation codices, we should restrict the forensic liability of the sole shareholder's abusing corporation personality; shareholder's action of illusive...