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A Denial System

Posted on:2010-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
GTID:2206360302477149Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The emergence of one-man company has greatly stimulated the desire of venture capital investors, thus the efficiency value of the company system has been significantly demonstrated. Accompanied by a general support of the legislation, It was favored in a number of high-risk areas of investment. Despite the legislative and judicial practice has formed strict and bureaucratic pre-set-up regulations and operation Regulations to prevent the risks, but the lack of inner supervise and the weak internal and external regulation were not enough, one was to abuse the independent personality in law of the company and limited liability of shareholders easily, insulting creditors interests and economic interests of society as a whole and undermine corporate values of fairness and justice system goals, even more, the fundamental purpose of the system. as a balance of the value of fairness and justice in case by case situation, the system of disregard of corporate personality is considered an effective ex post facto supervision method of disregard of the one-man company personality is a controversial system itself, so how to coordinate disregard of the one-man company personality means a lot to facilitate the implement of the corporate values of fairness and justice in harmony. This article is divided into three parts to the system on the system.The first part describes the basic theory of disregard of corporate personality. This is the basis of the article. That part of the integrated use of social analysis, economic analysis of the approach to form a company and its independent character of the rationality of law to the overall economic interests of the theory and based on the principle of good faith discussion of law to deny a person who applies to the need for companies, Finally, from both efficiency and fairness of the system for value analysis.The second part is a comparative study of disregard of the one-man company personality which is the body paragraph of this article. Comparison of the use of some of the major methods, analog methods, analysis and synthesis method of combining models from the application, the application of the three elements of the case and the applicable law to face, the application of the civil law system, carried out detailed investigation, one of China's disregard of the one-man company personality and improve the application of the system has an important reference.The third part of my article is about the consummate and the apply of disregard of the one-man company personality, which is the purpose of this paper. That part of the use of systems analysis, analysis of the benefits from the introduction and evaluation of one of China's system of disregard of the one-man company personality the status quo began to explore the one-man company to apply the system of law to deny the specificity of personality, then use the suggestions on not only the aspects of legislation, but also in the field of application as the conclusive statement of the article.
Keywords/Search Tags:The one-man company, Corporate personality, Disregard of corporate personality, Joint and several liability
PDF Full Text Request
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