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Company Law Personality Denial System Reverse Applied Research

Posted on:2013-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:W XieFull Text:PDF
GTID:2246330395950206Subject:Law
Abstract/Summary:PDF Full Text Request
As one of the most important forms of economic organization in modern society. the corporation has greatly stimulated the vitality of the economic market. However, with the increasing complexity and diversity of economic activities, the abuse of the corporate entity is also becoming increasingly serious. Although the Corporation Law-has established the system of disregard of the corporate entity, and regulates the abuse of corporate entity by the shareholder to some extent, there still exist many defects. Therefore, it is necessary’to conduct an intensive research on the reverse application of the system of disregard of the corporate entity, using it to compensate the lack of traditional application. In this way, we can establish and improve the corporate system in China, and standardize market economic order eventually.In the course of the research, the issues that should be focused on include the followings:the feasibility and necessity of the reverse application, the different types and their respective characteristics of the reverse application, its standards and scope, and its defects and improvements in China. In this paper, the author firstly introduces the basic background and connotation of the reverse application, and then summarizes its conditions and scope, by comparing and analyzing the typical judicial precedents, and finally gives appropriate suggestions for the improvements, combining with the specific situation in China. Through this method, it can not only outline a clear and step-by-step research line, but also show a complete impression with an elaborate arrangement in structure.This paper concludes three major parts:the introduction, the body, and the conclusion. The body can be divided into the following five chapters.The first chapter illustrates the background and connotation of the reverse application of the system of disregard of the corporate entity. Firstly, it introduces the background, and then analyzes the connotation. Finally, it is concluded that the reverse application is an integral part of the the system of disregard of the corporate entity.The second chapter analyzes the legal basis and the institutional value of the reverse application. From the view of legal principle, it firstly seeks a theoretical basis for the feasibility of the reverse application, and then demonstrates the necessity of its existence through the macro and the micro ways.The third chapter compares and analyzes different types of the reverse application deeply. The reverse application can be divided into two categories: "insider reverse" and "outsider reverse". Through elaborate illustration of the classical precedents in the United States, it analyzes the development process and the causes of the reverse application.The fourth chapter summarizes the conditions and scope of the reverse application. From the above discussion, the basic elements of the reverse application can be derived. At the same time, its scope can be determined from the horizontal and vertical aspects. Only in this way, can the reverse application be strictly limited in a certain situation, and avoid the impact on the company system and the interests of all parties.The fifth chapter is about the current situation and suggestions of the reverse application in China. Through the analysis of the current situation of legislation and judicial practice, some suggestions are made based on the foreign advanced theory and practical experience.
Keywords/Search Tags:disregard of the corporate entity, reverse application, insider reverse, outsider reverse
PDF Full Text Request
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