The Research On Reverse Disregard Of The Corporate Personality

It is well known that the artificial person theory plays a significant role in the modern market. However, along with trend that is increasing diversity and complexity of economic activity,abusing of the independent status of corporate personality are becoming increasingly serious. In particular in 2014, the newly revised "Company Law" has been made into the capital paid-subscription system, further reducing the company’s registration threshold, so that more and more people tend to set up the actual control of a large number of affiliated companies to operate in the same business, abusing of the corporate personality and limited liability by shareholders have become increasingly prominent.The corporate personality in the traditional sense denying regime in dealing with such company and shareholders personality highly confused, shareholder illegal transfer the personal assets to the company in order to avoid shareholders creditor should pay the debt and so appeared to be inadequate.It really is necessary to apply the reverse disregard of the corporate personality and make a in-depth study of the system in order to make up for the lack of conventional applicable, the eventual establishment of a sound system of the company in line with our economic characteristics of the market, standardize the market economic order.In the study, the problem should focus on are: Corporate Personality Denial System reverse the feasibility and necessity of classification and their respective characteristics, status applicable requirements and scope of reverse deny, deny and reverse system in the country the existing legal regulation in unbalanced interests and inadequate perfect. This paper attempts to deny the reverse regime applies basic background and connotation expanded by corporate personality and comparative analysis of the forward reverse deny, combining with relevant case judicial practice, thus summed reverse Denial System scope and application requirements reverse deny the value and significance of the system of independent existence. Finally existing domestic law conflicts with the lack of judicial practice, put forward legislative proposals. This paper is divided into an introduction, body and conclusion of three parts, in which the text is divided into four chapters.The first chapter of the corporate personality reverse deny the concept and classification were introduced based on further analysis of reverse denied contact with the positive difference between denial and eventually reverse clear denial system is Denial System question of the proper meaning.The second chapter of reverse deny theoretical and practical basic research for analysis. First, from the legal point cut at the legal level for the reverse deny the feasibility of the system to find a theoretical basis; followed by departure from the United States and the reality of China’s judicial practice, combined with the relevant case basis in reality demonstrated by a comparative analysis of reverse denied.The third chapter summarizes the denial of corporate personality Reverse applicable requirements, and expounded China’s company law personality denial reverse applies for occasions ranging from the applicable limit of two terms.The fourth chapter is about the company personality denial system applies in the reverse situation and our recommendations. By denying the reverse of the status quo in the applicable legislation and judicial practice are analyzed, pointing out the contradictions and lack of judicial practice between domestic law, from litigation substantive rules and procedural rules are two angles, made on building our corporate personality reverse denies recommendations related system.