Our Company Legal Person Personality Denial System Of Judicial Application Research

Disregard of corporate personality system in countries of Anglo American law systemaccording to the need of judicial practice, an important system formed by the judge in the case of. In our country, the system of disregard of corporate personality has already attracted widespread attention in academic circles, and finally in the2005of the "company law" to modify the process from the system will the confirmed. But, as the emphasis on the application of personality negative system of department law system in our country’s company, its legal norm from the whole system to concrete operational all exist many problems, if not to change the system concept, framework and the operation of the shortcomings of the poor, its existing significance would be questioned. This paper from the relevant provisions in the "company law" system and the introduction of the2011of the Supreme People’s Court judicial interpretation III denial on China’s personality analyses,combined with the need for basic type of company legal person independent personality:capital is obviously insufficient three typical cases of the abuse of the right type, to evadelegal responsibility and company formalization of personality type, focuses on how to improve the application of this system in the judicial practice, found the problem, summarized the insufficiency. Put forward a series of problems existing in the system, the responsibility of the parties to determine the burden of proof, and determine the spatio-temporal effectivenessetc. And these problems, combined with the previous three typical cases, the article put forward corresponding perfect suggestion. Through research on the basis of the system,combined with the specific circumstances of the judicial practice, making these recommendations have the corresponding support in theory, in practice, have very highmaneuverability. Through the improvement of the specific provisions of the law from the basicacademic philosophy to guide the application, to protect the creditor and other relative people’s legitimate rights and interests, maintain the market and the company law system stability, for our country the disregard of corporate personality and development of the systemhas very high reference value.