One Of Our Disregard Of Corporate Personality System

One-man company refers to the company whose shares or capital belongs to a single shareholder of the company. It started as a fact of the form of company instead of a legal, is a new form in the development process of the company system. One-man company determines the mode of risk management, avoid internal strife shareholders, convenient, flexible operation, maintain the survival and development of enterprises, has played a huge role in the process of development of modern market economy. But one man company shareholder right to set many development, so there are many problems in the operation and management, appears the abuse of corporate personality situation is far higher than the ordinary company, serious harm to the normal social and economic order. In view of this, the company legislation in a human of company legal person independent personality at the same time, the provisions of the provisions of regulation of abuse of corporate personality of a person’s behavior. China’s "company law" to deny also made basic provisions on one-man company legal personality, but with the developed countries of the legislation practice and theory still exists a certain gap, but one man company system of the system itself and our special also to have certain gap, which is reflected in our system is not mature, so we must speed up the exploration of suitable for China’s actual legal system and the system of disregard of corporate personality is a perfect fit.In this paper, by the legal person of our current one-man company personality deny system as the research object, system explain and demonstrate its basic concept and characteristics, and while the comparative study of foreign advanced personality denying system denied the practice of legislation for reference to our country’s personality in one man company, to explore the current situation and defects of China’s company law legislation idea and on the technology, and then proposes some targeted proposals. This addition to the introduction and conclusion, is divided into four chapters. The introduction part states the significance and value of analysis and argumentation on China’s one-man company legal personality system, the conclusion part points out the deficiency of legislation of one-man company in China "company law" and the hope to be perfect. The first chapter mainly expounds the system of disregard of one-man company legal personality connotation. First introduced the concept and characteristics of disregard of corporate personality of a person, and then lists the system application situation denied one of corporate personality, and finally to a human of company personality denial system applicable value are analyzed. The second chapter states the current situation of legislation in our country a disregard of corporate personality, and has carried on the analysis. First affirmed its positive significance, at the same time pointed out our country denied setting system still exist in the law stipulates that the lack of applicable under any of the circumstances prescribed in operation, is not comprehensive, the burden of proof unscientific, joint and several liability provisions is not clear and so on question types in a company legal person personality. The third chapter denial and comparative analysis of system of extraterritorial legislation of one-man company of corporate personality. Introduced the common law in the UK and American and the civil law in Germany, Switzerland on a human of company personality denial of the legislation, the main examples of these countries have the typical characteristics and suitable for China’s absorption of the reference system, and makes comments on the. The fourth chapter proposed consummates our country one-man company legal person personality denial system thrust of legislative measures, where this article. First proposed the improvement in the company law legislation, including strict grasp the elements and appropriate to expand the scope of application; secondly also pointed out that should improve the relevant judicial interpretations, including refinement applied situation, reasonable distribution of the burden of proof of litigation, clear responsibility type.