The Company Personality Denial System Applied Research In Civil Execution

In the process of our country economic system transformation, the company as an important form of enterprise organization, Not only promoted the economic development, also to enhance the social stability. But the use of company legal person independent personality and shareholder limited liability system to evade the law. To avoid the phenomenon of growing, it certainly harm the interests of creditors and aggravated. "Difficult to execute" brings to the economic development and social stability are a lot of negative effects. The aim of civil execution procedure is to guarantee confirmation in the trial procedure of private rights relationship smoothly implementation. The company legal person personality denial system in the enforcement procedure applicable purpose is to protect the rights of creditors and efficient implementation. This paper first analyzes the connotation and essence of legal person personality denial system; Then summarized existing in our country can apply on the execution of the company legal person personality denial system, analyze the dispute, and then puts forward the point of view; The author point of view of theoretical arguments are on again; Finally put forward in the execution of appropriate system of corporate personality denial system.The full text includes introduction, text and epilogue. This paper is divided into four parts, about more than twenty-nine thousand words.The preface, firstly, introduced the plight of civil execution in our country. And points out that the company shareholders abusing independent company personality to evade the law to evade the debt. Because of the company’s financial secretive and not open, it is hard to find in the process of litigation shareholder whether the transfer of company assets. There are a lot of transfer of company assets is not occurred in the lawsuit, but at the end of the trial. The referee had been come into effect before the shareholders of a company to avoid execution, escape on property transfer company. If found in the execution control shareholders transfer property using the company’s independent personality and hindering the realization of creditors. Can directly based on the expansion of executive power in the execution of additional manipulation of the shareholders for the person subjected to execution? This is the purpose of this study.The first part states the company legal person personality denial system specific connotation, characteristics and the system of emergence and development at home and abroad to introduce comb. Because the research emphasis of this paper is whether the execution procedures apply to the company legal person personality denial system. We must to dig into the company legal person personality denial system is under what circumstances. It is a what kind of phenomenon, in order to prevent or punish must to understanding the nature of corporate personality system, connotation to talk about its applicable, on the basis of the first part is the full text.The second part put forward the theory to apply in the execution of company legal person personality denial system: The concerns of the opponents and the reason for pros, opponents from against procedural justice, mainly based on demonstration of generation of trial; Pro based on the connotation of the corporate personality denial system, to improve judicial efficiency, ease enforcement difficulty and the basic theory of the civil procedure law. To summarize the research achievements of predecessors’ analysis, the writer put forward his own views: can directly apply in the execution of personality of corporate juridical person system and analysis from the legal basis and value orientation.The third part is the author of the legitimacy of the company legal person personality denial system is analyzed. For the establishment of a legal system must find the theoretical basis of the system, from the aspects such as efficiency, fair and just for argument is not enough, works in the execution of the company legal person personality denial system of substantive law theoretical basis lies in the joint and several liability shall be an integral property and responsibility of constancy; The procedural law theoretical basis lies in the res judicata and the expansion of the execution power; Power base foundation is the executive power of the cutting power execution.The fourth part the author of civil execution procedures apply to the company legal person personality denial system system construction, Germany, Japan, Korea and other countries is firstly analyzed the implementation of the system, Then refer to perform the procedure of system Settings, and the legal science system to the execution of the parties change, additional building, combining with the judicial practice at present in our country in the execution of alteration, Additional using implementation of the hearing, the parties put forward the author argues that the applicable corporate personality denial system in civil execution system building.