Corporate Personality Denied The Application Of Research

As an important component of a company's legal system , "piercing the corporate veil" has become one principle safeguarding corporate personality of the common law and civil law systems since one century ago. Disregard of Corporate Personality system aimed at denying the corporate personality and requesting the corporate shareholder direct civil liability in specific legal relationship, based on the specific reason, in order to achieve the allocation of obligations or responsibilities between the shareholder and the relatives. " Company Law" in China has less than 10 years of history. Although we have established the disregard of Corporate Personality principle in 2006 in legislation that is significant, the provisions and precedents are not enough. The judicial practice and theoretical studies are still scarce.This paper attempts to use dialectical method, and the historical method, the market value method to presentation and evaluation of the meaning, features and application conditions of the system. Based on the theoretical analyze about the theory's applicable requirements, I try to study "on the existing legal framework and current judicial situation in China, How should apply corporate personality"; Meanwhile, I study such questions as the possible allocation of the burden of proof, the expansion of execution power, the civil and commercial disputes of the debtor to the dissolution when applying disregard of corporate personality system.In addition to the introduction and conclusion, the whole thesis is divided into three parts:Part I: presentation the significance and value of piercing the corporate veil, focused on the content, the cause, theoretical value, practical meaning and features.Part II: introduced legislation in a foreign country, Elements of application of disregard of Corporate Personality system and application occasions, focused on the analysis of the applicable legislation, the state of the administration of justice in.china, so that and laying a theoretical foundation to improve the system.Part III: the author expounded on the idea of improving the system and the specific legislative idea. In view of piercing the corporate yeil system involves many aspects and not exhaustive. Therefore, I concentrate on the following questions: 1. based on China's current legislative system and judicial status, judicial interpretation to improve the system is more feasible. 2. Piercing the corporate veil system should only apply to judicial proceedings, should not apply to enforcement procedures; 3. The allocation of the burden of proof when apply the disregard of corporate Personality system; 4. The application of piercing the corporate veil system in the company liquidated Legislation.