The Plight Of The Disregard Of Corporate Personality Applied In Our Country And Improve

Implementation of the company law in2006clearly stipulated this system for the first time in our country. But it was obviously difficult to meet the complex judicial practice only depended on the two principles of the law, which produced a variety of problems in our judicial practice of recent years, on the one hand, many issues such as unclear behavior requirements, insufficient creditor protection and unequal distribution of the burden of proof remain to be solved. On the other hand, the disregard of corporate personality itself also is likely to be abused, that will damage the goodwill shareholders and the interests of the enterprise overall, and harm the cornerstone of company independent personality, which all make the problem go to another extreme. There are some problems with special form, for example, the one-man company and the parent-subsidiary corporation, so the problem is more complex.At the end of2013, the twelfth session of the standing committee of the National People’s Congress reviewed and passed company law amendment, modifying multiple multiples provisions of the current company law, but it was a pity that there was still not involve a disregard of corporate personality system. Because our law on those issues are not required, therefore, in practice, how to find inadequate of disregard of corporate personality and further improve this system is an urgent problem to be resolved in the judicial practice in our country.According to the above problems, this paper this starts from the study of meaning of disregard of corporate personality, and traces the history of its development, summing up the characteristics of the disregard of corporate personality. At the same time, exploring representative countries of Anglo American law system and continental law system, about the development of this system and specific practice, I make analysis and research in the perspective of corporate law. Then combining with various theories of scholars at home and abroad, I focus on researching disregard of corporate personality applicable elements, in order to make scientific and rational integration in applied theory of this system. Finally, combining with the cases in judicial practice of our country in recent years, I induce the plight and shortcomings in the application of disregarding of corporate personality. In the end, on the basis of China’s specific national conditions, combining with the foregoing theory in this paper, I put forward suggestions for improving our current disregard of corporate personality.