On The Personality To Deny Application Of The Regime

After many years of exploration and demonstration in 2005, revised the "Company Law" finally the concept of "piercing the corporate veil system." However, because of "Company Law" on "corporate denial" provisions of comparison principle, combined with theoretical studies of their specific application of the relative lack plaque, in the field of judicial practice, there were two diametrically opposite tendencies, and thus triggered a number of new problems. A tendency to deny the personality system is being abused, this should be the case for the system into a universally applicable system. This tendency of the development will shake the foundation of the company law legislation and undermine the investment enthusiasm of the shareholders will ultimately affect China's economy stable, healthy and rapid development. Another tendency is to deny the personality system, the use of cautious, overly tighten the Disregard of Corporate Personality and areas the use of the system, and even mistakes in order to avoid the application of the system will be personality deny shelved, leading to punishment of the shareholders can not effectively shrouded by a veil of limited liability wanton damage to the interests of creditors under the act, so that damage to the interests of creditors can not be legitimate and effective conservation, impact the value of personality to deny application of the system. Thus, with the company denied the system of legal recognition for personality, how to correctly apply the system of corporate personality becomes an urgent need to deny to seriously consider and practical problems faced by the judiciary.This paper argues that personality denial regime should apply to adopt a "prudent application of" attitude. The so-called "prudent application", on the one hand we have to be careful to apply the system, try not to abuse the system status; other hand, we can not be timid, abandon the application of the system, in the presence of abuse of corporate personality, we should take full advantage of legal principles and rules, cases, positive to the application of the system. In short, the personality system in the application should be denied the ultimate achieve such an effect: "By requiring the shareholders for their abuses to the interests of the creditors will pay for damage to repair scarred countless companies that an independent personality and limited liability of shareholders of the wall, in order to remedy the abuses that led to imbalances in the shareholders of the company's shareholders and the relationship between the interests of creditors of the company to further improve the corporate governance structure, improve the corporate system. "This text is divided into three chapters, the first chapter of the company's personality to deny the true meaning of the system, revealing the essence of the system, analysis of the system, the legal value and practical significance. At the same time by common law and civil law for the system of legislation and practice applicable to the situation described, revealing the company's personality denial system, States have adopted a cautious approach or there is a cautious application of trend.The second chapter is mainly on China's system of corporate personality to deny the legislative introduction and practice problems in analysis. Is divided into four parts, namely, to deny our right personality system, Legislative Council, China's Veil system is applicable to the problems in our personality system can not be accurately applied to deny the dangers as well as our system can not be accurately applied to deny personal reasons.The third chapter is how China can deny that the correct application of the system response to personality analysis. Been raised in the personality to deny application of the system should be to foster a "prudent application of" principle, we can not arbitrarily applied, resulting in the spread of the system application can not be timid, fear fear hands feet, or even shelved the system, weakening the system's actual. Then proceed through the respective entities and processes, strict rules of piercing the corporate veil to grasp the composition of elements, regulate the procedure to bring personality to deny. In addition, in view of the system as equitable law, as well as with the relative ambiguity of the relative backwardness of China's current quality of judges, should greatly enhance the quality of judges to deny the regime the case of personal guidance, so that the judge in practice the correct application of the system as much as possible . Finally, the paper also proposed a system to prevent the company denied the improper use of personality from the fundamental policy is to fill the legal loopholes and improve the corporate system, from the source system to reduce the use of personal denial.