On The Perfection Of The Denial System Of The Personality Personality Of One Person Company

In 2005 the "company law" clearly the content of the system of disregarding of corporate personality of one man company, one man company shareholder shall own request proof of property and the property of the company is not confused, is of great significance to the provisions. After nearly ten years of development, the system is being perfected, but still the problem clearly. Independent corporate personality and shareholder limited liability company is the cornerstone of the system of disregard of corporate personality system, set up the original intention is to penetrate the independent corporation personality, uncovered malicious shareholders, protection of the interests of creditors of the company, disregard of corporate personality should be the individual, particular system rather than the principle of universal application, so this is also so for a company, but now facing challenges. No matter from the system itself or the supporting system, the system also has inherent defects, one man company legal person personality denial should not only be applicable to the form of one person company, should also be included in the scope of adjustment of real one person company; not only to the abuse shareholders only positive recourse, also can reverse the burden of proof of the same property of recourse; confused nor absolute upside down on the shareholders, and the shareholders of personal property will be placed entirely unstable state. This paper from the perspective of the practice of case, special research of one person company, multi-level analysis system of corporate personality to deny a person, with empirical data shows that system in the problems of China’s development situation, to deny a person of corporate personality, and then puts forward a improving scheme.