On Disregard Of Corporate Personality To The Improvement Of The System

New Corporation Law in China has established Disregard of Corporate Personality system , but the relevant regulations are comparatively abstract and principal. Nowadays, the research relating to Disregard of Corporate Personality in China is focused on Civil and Commercial Law. In this Assignment, the relevant system in China will be analysed on the basis of Civil and Commercial Law. In the meanwhile, the development and actuality of Disregard of Corporate Personality system in different Common Law and Civil Law' s countries, from the extent of Economic Law, will be discussed. In addition, I will suggest how to improve Disregard of Corporate Personality system in China on the basis of the relevant legislation actuality.In this Assignment, the methods of Materialist dialectics,Historical analysis,Comparative analysis,Empirical analysis and actuality analysis will be adopted. I will also focus on the traditional Equity Reasoning and research some cases in the usual situations to illuminate how to improve Disregard of Corporate Personality system in China.This Assignment will be divided into three Articles:Article 1 will introduce Disregard of Corporate Personality' s appearance and development.Firstly, the requirements of scocial economical development result in the appearance of Corporation Regulations. In addition, from the meaning of modern Corporation Law, we could claim that: Shareholders limited liability is one of the most important point of Corporate Personality system ; Shareholders limited liability and Corporate Personality system are interdependence.Secondly, from the requirement of integrality of Law and Judicial practice, Disregard of Corporate Personality system' s appearace is inevitable. In different period, Corporate Governance has different meanings. In the meanwhile, Disregard of Corporate Personality system has different meanings in different period. From the summary of Judicial experience and the basic legal principle , Disregard of Corporate Personality system is not denied Corporate Personality system, but improve it.Article 2 will analyse and compare different period and countries's Disregard of Corporate Personality system.Firstly, the relevant analysis will be made on the basis of different period and countries's Disregard of Corporate Personality system. Most countries have adopted the legislation form of Disregard of Corporate Personality system; In different countries, Disregard of Corporate Personality system' s appellation is different, but the relevant meaning is almost the same; in sprite of the extent and practice of Disregard of Corporate Personality system in different countries and districts might be dissimilar, but none countires have formally adopted the model of Case Justice on the basis of single case analysis relating to Disregard of Corporate Personality system.Secondly, according to legislation actuality and the relevant practice of Disregard of Corporate Personality system in China, the current substantive law and procedural law of Disregard of Corporate Personality system need to be improved.Article 3 will discuss which point is necessary in the substantive law and procedural law of Disregard of Corporate Personality system and illuminate how to improve it.On the basis of the structure of Corporate Governance and the requirement of Judicial practice in China, I will suggest how to improve them relating to the substantive law and procedural law of Disregard of Corporate Personality nshan, from the points of subjective element,elements of behavior,elements of the results,cause and effect,litigant,dispute Resolution,under the jurisdiction of the Court,the allocation of the burden of proof,the scope of the case decision ; explain the elements of the premise of Disregard of Corporate Personality in China and discuss how to improve these points mentioned-above: relating to the situations of misusage, the suggestions are to prescribe the typical misusage activities, including reveal all the details the terms ; if relating to the prove of Subjective fault, the suggestions are to adopt the principle of presumption of fault; if relating to the plaintiff, the suggestios are to bring in subrogation which could be used in the sue of corporation personality; relating to the defendant, the suggestions are to imcrease the actual controller and iquidator system; relating to the burden of proof, the suggestions are to inverse the liability of prove in certain situations; relating to the manner of Dispute Resolution and Jurisdiction, the suggestions are that the appliance of Disregard of Corporate Personality should be limited in the extent of trial procedures of People's Court, Jurisdiction should belong to Intermediate People's Court over, and suggst to cancel Supreme Court Filing system, etc.