Try To Talk About One Person Company Legal Person Personality Denial System

The2005Revision of the" peoples Republic of China Company Law"first stipulated one-man company system, stimulate the socialeconomic life and add a kind of form of company, contribute to theactive social capital, enhance economic power. Although a companyis also an excellent system of the company, but because he is differentfrom the traditional limited liability companies and joint stock limitedcompany form, causing it to be easier to be shareholders using itsseparate legal personality, resulting in a corporate personality abuse,damage the interests of creditors. In order to protect the interests ofcreditors, our country" company law" stipulated a person of companyjuridical person personality denial system, let the creditors more thanone can self relief way, but our country law of one-man company legalsystem requires too principle, in the judicial practice difficult to operate,but also to give the judge too large right of discretion. The article tries tofind out Chinas" company law" for a corporate personality denialsystem deficiencies and shortcomings, and put forward somesuggestions.