| The designation of company corporation personality system is the inevitable outcome of economic growth. Owing to the impetus of independent company personality and shareholder limited liability, One-man company has being admitted gradually all over the world. However, it also has the risk of being abused. To avoid abusing one-man company personality, a necessary control has been designed in our new company law.The denial system of one-man company personality appeared abroad in the form of legal precedent, which means judge should has a high legal quality; and there exists quite limited theoretical study and judiciary experience in our country, which causes it comparatively strange to denial of company personality for judges. All the reasons mentioned above gives rise to more difficulty with putting it into practice correctly.It's quite easier to be unveiled for one-man company, therefore, how to apply the denial of company personality into practice properly becomes very important. To accomplish this point, we need to study the articles in the new company law on the system of denial of one-man company personality, to master its basic principles and applying conditions and scopeThe necessary existence of denial of one-man company personality has been explained in the respect of protecting creditor's benefit, regulating the behavior of one-man company personality and keep law justice. But, as mentioned above, one-man company personality has risk of being abused. So, that is the point that will be analyzed on the reasons for law limitation, judge's quality and public legal consciousness.To perfect the applying environment of denial of the system of one-man company personality and improve the application to the system of denial of one-man company personality, system and judiciary environment may be considered. |
