Evaluate And Analyse Disregard Of Corporate Personality System In China

What is disregard of corporate personality system? What is the relationship between the system and lifting the veil of the corporation which was established by Anglo-American legal system? In this paper, through a classic case of the United States, the application of lifting the veil of the corporation was introduced. China's new Company Law has explicitly provided for disregard of corporate personality system in Article 20, Article 64. In fact, the system is rooted in the theory of lifting the veil of the corporation.The paper firstly expounded the relationship between China's disregard of corporate personality system and the rule of picercing the corporate veil. Then introduced the development of the past century in the United States, Britain, Germany, Japan, and the internal relation between these countries. Then lead our jurisprudence regarding system at this stage.This paper begins from the doubt of China's disregard of corporate personality system, consider not only the title was established at odds, but also easy to mislead people to control the theory. At the level of philosophy of law, some scholars have made some mistakes because they did not understand the system deeply. Then the paper expounded the reason of the improper upon the system. Comapare with the system, the Duichigriff has more advantages. The author appealed to scholars, no matter how to define the description of the system, we must have a profound understanding of the spiritual essence.Then the paper systematically expounded the methods to apply the system from two perspectives, the conditions and the scope. And discussed the application of judge and the principles which must be based on. The paper also specially described the issue of joint liability.Disregard of corporate personality system in China should pay more attention to the special circumstances of one-man company during the application process. One-man company was also established in the new Company Law.As a new type of company, it has great significance for the promotion and prosperity of market economy, but these companies have different characteristics from ordinary companies on the application of disregard of corporate personality. For example, ther are different on the allocation of the burden of proof. This paper use a combination analysis of theoretical and practical point of view about how one-man company to apply the system.Criminal law scholars have put forth a system of disregard of personality about unit crime in recent years, and they regard this system as the reflection of disregard of corporate personality principle. In response to the view, the author compared the two existed systems.At the last part of this paper, the author put forward his views and opinions about how to build and perfect the system of the relevant legislation from macro and micro level, in order to guide the development of national law.