Research On The System Of Disregard Of One Man Corporate Personality

The system of Disregard of One-man Corporate Personality is a system designed to avoid one-man company shareholders abusing corporate legal personality and limited liability and trying to use the company’s veil to shelter case behavior of harming others for personal gain. Also it is a law system good to uncover the company’s veil, so that the shareholders behind the one-man company face the company’s creditors and bear the responsibility. One-man company characterizes by independent legal entity, single shareholder and simple administration structure,so because of its legal personality instability and defects of limited liability system, it’s easy to create opportunities for shareholders to damage the interests of the creditors of the company by abusing corporate legal personality. The value of the system includ correctting abuse of personality and maintainting the legal system.The system bases on the legal theories of fairness and justice, honesty and credit, prohibiting abuse of rights, social responsibility of corporate, and takes caution application as the principle. According to the analysis of Disregard of One-man Corporate Personality from the aspects of application, elements, judicial application, it highlights that the legislative provisions are too general and not scientific enough, lack of a unified and clear operational guidance in the program. It is necessary to reflect on and improve from the entities and procedures the entity to procedure.On one hand, we should develop a special judicatory explanation for the application principles, elements, application circumstances and application results of Disregard of One-man Corporate Personality, meanwhile introduce the guidance of sub-categories applicable principles; On the other hand, we should design procedure rules to define and improve the structure nature of the sue, the scope of the parties, the burden of proof, application stages.