A Piercing The Corporate Veil Of Legal Research

"Company law" revised by the Standing Committee of National People's Congress on October 27, 2005 indicates that one-person company has been formally acknowledged. Accompanying the establishment of one-person companies, it appears the phenomena that the shareholders abuse the independent status of juridical person. Company law stipulates joint liabilities to the shareholder for the debts of the company in the system of disregard of corporate personality. However, the principled regulations result in various judgments, which impact the system in return. In this paper, from a judicial standpoint, using historical or comparative methods, the author conducts a study on the trial of disregard of one-person corporate personality. The paper contains three parts, approximately thirty thousand words.Part I . The author introduces the connotation, character of one-person company and disregard of corporate personality, discourses upon the defect of one-person company and the necessity of disregard of corporate personality.Part II . The author discourses upon both domestic and foreign legislation and domestic judicature on one-person company with disregard of corporate personality, reveals the flaw in the legislation and the value of the judicature, and extends out the necessity of study in judicial terms.Part III. The author studies on the trial of disregard of one-person corporate personality which covers the procedure, the application and the execution, and gives opinions in some respect such as the parties, burden of proof and application conditions.With the opinions and the suggestions, the purpose of the paper is to stimulate the unification of judicial action in the trial and the improvement of legislation.