Study On The Application Of The Disregarding Of Coporation Personality Law In Execution Of Civil Affairs

Due to lack of legislation on disregard of corporate personality, whether it should be applied to disregard of corporate personality in its implementation procedures is still controversial. Based on careful balance of the relationship between enforcement power and judicial power, the author advocates proper application of disregard of corporate personality in the execution of additional procedures. If disregard of corporate personality is applied to enforcement procedures for the same fact, there is no need to prosecute for it. Moreover, the application of disregard of corporate personality can contribute to more efficient and convenient trial in enforcement procedures and save judicial resources. However, owing to the incomplete legislative system, excessive judicial discretion of the court tends to cause abuse of corporate personality theory or avoidance of execution by company’s shareholders taking advantage of independent personality. Therefore, corporate personality should be reasonably used in the civil enforcement procedures on the premise of improving relevant legislation.Through a case study in the preface, this paper firstly introduces the main purpose.The body is divided into three parts: the first part summarizes major controversies in the application of corporate personality to enforcement procedures in China, analyzes these controversies and further puts forward the necessity of disregard of corporate personality applicable to civil enforcement procedure. The second part analyzes the main problems in the application of disregard of corporate personality to civil enforcement procedure. The third part proposes solutions to the problems summarized in the second part and gives applicable suggestions to system construction of disregard of corporate personality.All in all, on the premise of improvement of disregard of corporate personality and principles of abuse prohibition and protection of fairness, improving relevant legislations and properly applying disregard of corporate personality should be performed, namely using procedural rules to limit court’s excessive exercise of discretion to truly protect the judicial justice and fairness.