Study On The Application Of The Disregard Of Corporate Personality System In China

The articles of "Company Law" about the disregard of corporate personality systemare so principled and questionable that they have been criticized by scholars for manyyears, but not improved through legislation now. So how to apply to judicial practice?whether they can meet the needs of the development of economy and society and thejudicial practice?"Company Law", which was amended again in2013, has begun toimplement the subscribed capital system, what are the effects on the disregard ofcorporate personality system? If these questions are answered, it is good for furtherimprovement of the disregard of corporate personality system, safeguarding thefairness and justice.In July1,2013China Judgment Network officially opened, more and more judicialdecision that could not be aware of by others before has appeared in public. As a wealthof material for research, the judicial decision makes the thesis more feasible.The thesis takes the disregard of corporate personality system in China "to be" and"ought to be" as research object, and uses a combination of statistical, logical and valueanalysis. Through the collection and statistics analysis of cases, the author has foundthat the disregard of corporate personality system shows "improper application" inChina, especially the excessive expansion of application. To curb this phenomenon, theauthor absorbs and integrates the beneficial results from domestic and foreign especiallydomestic research on the system in recent years, draws lessons from judicial practice,focus on problems of judicial practice, describes the applicable premise, the applicableprinciples, the applicable conditions, the applicable cases, the nature and scope ofshareholders’ responsibility, the limit of application under obvious mistakes of creditorsof company from the entity of the disregard of corporate personality system, anddescribes whether the lawsuit of the disregard of corporate personality can beindependent and the parties, the cause of action, jurisdiction, property preservation, theburden of proof, mediation, res judicata of cases of the disregard of corporatepersonality from the procedure, attempts to improve the applicable rules of the disregardof corporate personality system of China from substantive law and procedural law.The main innovation of the thesis is the use of statistical analysis to reveal the presentsituation of application of the disregard of corporate personality system in China, theattempt to improve the applicable rules of the system combining with judicial practice；the important conclusion of the thesis is the disregard of corporate personality system in China is still young and shows "improper application" in judicial practice, especially theexcessive expansion of application. From now on the disregard of corporate personalitysystem should be applied strictly from the entity and procedure and we should speed upthe legislation to perfect the system.