The Judicial Dilemma And The Perfection Of Our Country's Corporate Personality Denial System

The corporation law of our country revised in 2005 adjust the case law which exists for more than one hundred years in Anglo-American Legal System to statute law about the corporate personality denial system, which promote the development of the judicial practice of our country's corporate personality denial.However, it obviously can not meet the needs of the judicial practice of our country's corporate personality denial just by simply writing the two principle clause into the law, and make the judicial practice of our country's corporate personality denial into dilemma. This dilemma concludes the defect of legislative form,the undistribution of subject, the distemperedness of rule about one man company, the illegitimacy of cause of action and jurisdictional system,divorcing from reality about the distribution of the burden of proof. The dilemma,in our country, has formed the phenomenon that the judicial practice(in the case form) forces the company to deny of the legislative perfection. So when the corporation law was revised in 2013, the expectation of perfection of the corporate personality denial in order to solve the judicial dilemma is high.But it is regrettable that the amendment does not deal with the dilemma about company's legal personality denied system.To solve the above problems, Firstly, the author studied the origin and meaning of corporate personality denial. Based on the analysis of the basic theory of corporate personality denial in the United States, Britain, Germany,Japan and other countries, The author summed up its core connotation, extended the system characteristics, and reviewed the development of the theory and practice in our country. Secondly, constructed systematically the judicial application of the legal of the company personality denial, at the same time, it also makes the classification of its judicial application. listed the most important cases of judicial application. In the end, researched on the specific judicial dilemma of the corporate personality denial, And put forward the views and suggestions about improving perfection and efficiency of legislation, striving to establish a sound system about corporate personality denial which stands forChinese characteristics and is in line with China's reality. Based on the characteristics of case law of the corporate personality denial,this paper is interspersed with a large number of typical cases to make the study much closer to judicial practice and expect the opinions and suggestions to put forward to meet the needs of judicial practice.