To Improve The Litigation System Of Disregard Of Corporate Personality

Litigation refers to the personality of corporate juridical person in the company’s operation and influential shareholders to make a major decision, using the company legal person independent personality and shareholder limited responsibility,etc. The basic principles of modern company system, should avoid negative debt, to the legitimate interests of the creditors, which causes great damage or social and public interests, the company creditors, on behalf of the interests of the public organizations or agencies and related to the company shareholders, actual controllers filed, shall be investigated for abuse of corporate personality denial company shareholder lawsuit system of limited partners. The effectiveness of the action of judgment is conditionally, temporarily, individually to the company legal person independent personality denial, the suit is equivalent to the "limited liability company" the dug a small hole in the wall, for the company, all the other areas in the small hole is complete, "limited liability company" the wall collapsed and, therefore, is not. Can say the lawsuit effectively maintaining the legal fair value, stable social economic order, supplement and development of the traditional company legal person system.Although preliminary established by the company law in our country company the legal person personality denial system, but in the theory and practice of the system is still in its infancy stage, needs further perfecting. Is the main point of this article, the personality of corporate juridical person, has its unique side, in case mark, the cause of action, jurisdiction, the parties, the ruling validity, the burden of proof and so most are different from general civil disputes caused by the lawsuit, to build with Chinese characteristics of personality of corporate juridical person lawsuit system, should be in the civil law "honesty and credit", "prohibit abuse of rights" as well as the principles of the civil procedure law related litigation, on the basis of specific personality of corporate juridical person lawsuit procedure to carry on the design, in order to improve the maneuverability, achieve the result that is conducive to resolve the dispute. The idea of this paper is to design procedure as the core, with foreign companies to compare the personality denial judicial system on the basis of theory and judicial practice present situation at home and abroad, first of all to brief introduction of personality of corporate juridical person suit, analyze its meaning, constitutive requirements, application situation and characteristic; Secondly introduced the company legal person personality denial of litigation in our country and overseas legislation present situation and the status quo of the legislative defects and judicial practice and judicial practice defect; Finally from the perspective of the litigation elements of personality of corporate juridical person in our country litigation procedure design.