Corporate Personality To Deny That The System Is Applicable To Research

Disregard of the corporate entity is an important system of the company law, also known as the "Piercing the corporate veil"," Durchgriff" etc. Although there are some differences on the name, the basic spirit which has been accepted by most countries is the same. It plays an important role in preventing the misuse of corporate' s independent status and shareholders' limited liability to evade the debt ,and preventing infringement of company's creditors and social interests. Chinese revised " Company Law ", Article 20, paragraph 3, has boldly introduce into this system, "This is the clearest legislation defined in the statute books of disregard of the corporate entity. " However , this interpretation is too abstract and lack of feasibility in practice, Courts around still take a wait-and-see attitude on the admissibility of such cases. Therefore, typical cases which invoke this clause have not been found yet. Construction of this system in the immediate urgency has been placed in front of us. In the legislation background that judicial interpretation of the new " Company Law " will soon be introduced, learning from the advanced experience of countries in the world and constructing corporate law personality deny system has a profound significance. This paper focuses on the specific application of corporate law personality deny system, and makes a theoretical analysis of this system . Through the practical application of the system in the world countries in a comparative study , it brings forward the assumption of establishing corporate law personality deny system. The keystones of this paper are the rules of applying corporate law personality deny system and how to perfect this system of our country. The innovations of this paper on the corporate law personality deny system defined in the new " Company Law " is : under the conditions of our country and in accordance with international practices, trying to put forward some ideas in aspects of process and entities in the specific application of the system. For instance: re-establish a new brief of a case,the standards of cognizing "serious damage",the relationship between article 20, paragraph 3 and article 64 and in what procedures to apply. Methods used in this paper are comparison and synthesis analytical method. Specifically, it is divided into the following four sections:The first chapter focuses on the content of corporate law personality deny system, its essential characteristics and its relationship with company's independent personality and shareholders' limited liability and the historical development. It provides practical experiences to establish and improve our corporate law personality deny system.The second chapter discusses the theoretical basis and the value of establishing corporate law personality deny system. It points out that the principles of good faith and prohibition of right abuse are the theoretical basis of this system. The establishment of this system is the inevitable nature of the corporation system. The legal justice it contains is the value basis of this principle.Chapter three depicts the rules of applying corporate law personality deny system. It focus on the applicable situation and elements. By reference to the practice of foreign countries and combining with judicial practices, it has a detail analysis of the application of this system, of which the purpose is to explore more compatible rules applicable to our corporate law personality deny system. This is one of the focuses of this paper.Chapter four is the core of this paper, which mainly depicts the author's general ideas of establishing and improve our corporate law personality deny system and the suggestion of new judicial interpretations. Firstly, the author analysises the useful exploration of this system in judicial practice and evaluates it. Secondly , briefly discussed the significance of the establishment of the system in China. Finally, it puts forward ideas from procedures and entities to improve the system, points out that we should boldly learn from the advanced experience of foreign countries, but also conforms to China's national conditions. Furthermore, about the legal interpretation of new "Company Law " and prevention of the abuse of the system, the paper also puts forward my own views.