The Analysis Of Applying The Disregard Of Corporate Personality

In 2006, the new Company Law came into effect in our country. Before the new Company Law, many laws about the Disregard of Corporate Personality has been built, but there is little content and many disputes. Compared with the old company law, the provisions about the Disregard of Corporate Personality are more clearly. From the Angle of legislation, it must be a breakthrough. But the Disregard of Corporate Personality in the new Company Law still has some shortcomings. Through the analysis to a case from different angles, this thesis makes the theory of Disregard of Corporate Personality more specific and makes the shortcomings of this system clearer before us. The focus of the case is that whether Zhou Xingji'Unauthorized diversion of funds of Jindun Boiler Limited Liability Company is abuse of corporate independent personality and whether should the Disregard of Corporate Personality be used.The first part of the thesis is a complete case. The case is rich and detailed in content and includes the basic facts of the case, the requests of the tow parties, the facts and evidence ascertained by the Court and the adjudicative reasons grounds of judgment and the conclusion. The case is quite typical and it provides pretty good material for the following analysis of the Disregard of Corporate Personality. This case has the following main problems worth studying:Is the court's ascertaining the facts and evidence appropriate? Has the court applied suitable laws? How to determine the nature of the defendant's unauthorized diversion of fund of the company? The second part is the analysis of the case in detail. Usually, the analysis of he Disregard of Corporate Personality is in theory but here, theory and practice are integrated together and the abstract theory looks more concrete. This section includes the analysis of the subject, the analysis of the act, the analysis of the result and the analysis of the court's judgment. Among all of them, the analysis of the act is the key point, because it is related to the behavior qualitative in the case. And this part includes whether Zhou Xingji's act is abuse of corporate personality and the type of Zhou Xingji's abuse of corporate personality. Finally, through the analysis of the case, we can easily find that the Disregard of Corporate Personality has problems in different levels, some of which are individual problems and others are prevalent ones. The problems mentioned here are all typical, such as burden of proof, conditions of application of the disregard of corporate personality and classification of the typical cases. Accordingly, the article gives some suggestions, in order to offer some help to solve these problems.