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Study On The Application Of The Disregard Of Corporate Personality System In China

Posted on:2015-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:C C ChenFull Text:PDF
GTID:2296330434953012Subject:Law
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Abstract:The modify of China "Company Law" in2005means the Disregard of Corporate Personality System formally established in China. But as the provision of legislation is too principle, in the application of this system,it is difficult to operate in judicial practice, and also lacking of applicable standards, etc. This seriously affects the implementation results of the legal system. In order to make the Disregard of Corporate Personality System really plays its role and value in reality, the judicial system application research is very necessary.Currently the theory research of Disregard of Corporate Personality focuses on the following aspects:Firstly, the elements, including the behavioral elements, the result elements, they shall be detailed and defined clearly in the relevant aspects. Secondly, the applicable cases or regime, including the significant shortage of capital, personality confused, excessive control,abstract and summary legal personality. Thirdly, the scope of the denied personality system, including the applicable object and field. Fourth, the standard of denied personality system, trying to solve the problem of lack of recognized standards In addition, the research is also discussed on the reverse application of the system, one-man company denies personality and judicial practice regime applicable burden of proof assigned responsibilities.Research of the Disregard of Corporate Personality has a long way to go, with the classification of relevant suggestions and methods proposed by scholars, points that in order to solve the exist obstacles in the judicial applicable system, it should be based on practice, and the law provision itself to be analyzed and interpreted, to make clearly applicable requirements and application scenarios of the system, then seeking a identified workable standard.
Keywords/Search Tags:disregard of corporate personality system, elements, applicablescope, standard
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