The Company The Disregard Of Corporate Personality System Research

Although the current Corporation Law of China has established the denial to companylegal person status system, the regulation is quite principled and abstract because problemsabout essential condition and contentious procedure related to the above-mentioned systemhas not be regulated specifically. In judicial practice, a number of problems need to be furtherresearched and solved urgently, such as who should initiate the proceeding, who is the properparty to pursue the action, the management of the cases, the burden of proof of the plaintiffand the respondent, the expanding of the verdict banding, the assumption of civil liability, theadaptability of the law and so on. Therefore, the discussion of how to strengthen the denial tocompany legal person status system has very crucial theoretical and practical sense to theprotection of clients`legal rights and the improvement of domestic judicial system.This dissertation discusses about the denial to company legal person status system’s theessential condition, the cases of application, the proceeding mechanism and the application ofrelated laws, using the way of empirical analysis and combining the judicial practice.The whole essay is divided into four parts. At first, this article introduce the defects ofthe company legal person system from the point of the company`s independent legalpersonality and shareholder`s limited liability. Then, it states and analyzes the basic content,the definition and the legal character of the denial to company legal person status system, theaim of which is to let people know exactly about it and the significance of its establishment.Secondly, by the way of comparative analysis, this article explains the denial to companylegal person status systems of four representative countries the USA, the UK, Germany andJapan, thereby drawing on the experience of foreign judicial practice. Meanwhile, the articlestates the current domestic legislative situation and the inadequacy of the denial to companylegal person status systems, in order to improve it. Both the third and the forth part is the keypoint of the whole article, thereinto, the third part explains the legal adaptability of the denialto company legal person status systems. This part give specific and deep analysis to theessential condition, the case, the rule and the consequence of application by the way of case analysis. The forth part emphasizes the proceeding mechanism of and the improvement in thejudicial practice of the denial to company legal person status systems. The proceedingmechanism mainly discusses about the competent court, the cause of action, the litigant, thedistribution of the proof burden, the effect of judgment and the judicial procedure. Meanwhile,in domestic practice, the case of application of the denial to company legal person statussystems should be strictly regulated. At last, the whole article discuss other problems of thesystem`s improvement, not only strengthening the social responsibility of the companythrough the application of the system, but also instructing and judging the practice throughtypical cases, in order to stipulate and improve the application of the denial to company legalperson status systems in domestic judicial practice.