On The Applicable Standards Of The Disregard Of Corporate Personality

Disregard of Corporate Personality is derived from the theory of "piercing the corporate veil". Its nature is to protect the interests of the creditors or the public interest, thus negating the limited liability of shareholders, corporate debt requires a legal system to bear joint and several liabilities of shareholders. With the application of this system in China, many of the problems one after another, the prominent problem is that the denial of legal personality for the provisions applicable in the judicial system is too general, so that it is very inconvenience to judge in practice. Thus according to their own understanding and interpretation of the law, the judge form of a set of specific criteria to apply the system perfectly in practice, achieving the perfect combination of legislative and judicial. However, no matter what kind of applicable standards, its purpose is the same, namely the core values of this system. Therefore, the trial practice Disregard case system is collected, studying Disregard of Corporate Personality and specific exclusions applicable standards in each case, and there is important implications for the legislative and judicial.This paper outlines the core values of Disregard of Corporate Personality, by the empirical analysis method, the judicial practice applicable personality denial system collected case study exclusions personality denial system, collecting the cases and summing that the system is mainly applied to personality confused, undercapitalized, abuse of corporate personality evade legal obligations, contractual obligations. For each case, the judge has a relatively specific applicable standard, and these applicable standards exist between the internal logic association that are for the purpose of core values of this system, and meets basic applicable standards system(for four elements).(1) The factor of base: the company has been set up effectively;(2) the factor of character: there being the person to abuse the corporate personality;(3) the factor of behavior: implementing the behavior of abusing the corporate personality;(4) the factor of effect: the behavior to abuse the corporate personality seriously damaging the creditors’ rights and interests and public interests. Judge makes up for deficiencies in the legislation on the system to help improve and develop personality denial system in legislation, and truly achieve the same legislative and judicial. No matter what the applicable standard is apply by the judge in the specific referees, the judge is always based on core values of the system, specifically, there are differences in the applicable standards for a variety of scenarios, they are also in line with the basic personality denial system applicable conditions. The system is applied flexibly, to a large extent, compensating for the deficiencies of the system in terms of the law, and promoting the consistency of judicial and legislative.