Directly Application Of The Corporation Personality Denial System In Civil Execution

Debtor-creditor relationships determined by the judicial procedure could be performed in the execution procedure. The purpose of adding responsible shareholders and denying corporate personality is going to guarantee the rights of creditors and maintain the normal trading order. Now China is in a special period of market economy transformation. The corporation which is an ordinary participant in the economic organization should play a role in the market. On one hand, the corporation works well in the market; on the other hand, companies are also involved in every link of the judicial practice, especially in the execution procedure. As a result of imperfect legal system in our country, the issues of corporations haven't been solved, especially in the execution procedure. Some actual controllers of companies evade debts by means of using the defects of legislation. This kind of behavior not only damages to the legitimate rights of creditors, but also brings about adverse impact to the market transactions and difficult execution.To solve the issues of difficulties in civil execution, whether it be directly applied to the denial system of corporation personality in the execution procedure and how to design the mechanism to Balance the interests of all parties. The denial system of corporation personality who is directly applied to the civil execution does not become the mainstream opinions at present. But it could be a chance to discus whether the denial system of corporation personality is applied in civil execution. To seizing the opportunity, this paper analyzes the feasibility of denial system of corporation personality in civil execution. At the same time, a comprehensive and perfect system will be built to provide references for practice.Chapter one is trying to clear the issues existed in judicial practice that shareholders infarct legitimate rights of creditors and avoid execution. And along with the development of social life, this kind of phenomenon becomes fierce. Based on the situation, the author puts forward initial proposals of applying the denial system of corporation personality in civil execution.Chapter two is the key point of this paper. The basic concepts and theories have been raised and the standpoints which are popular in academia of denial system of corporation personality in civil execution have been sorted out. In fact, some scholars claim that denial system of corporation personality applied in Civil Execution is a kind of deprivation of jurisdiction and violation of basic justice. And other scholars hold that applying to denial system of corporation personality in civil execution have many advantages, such as reducing the burden of litigation, improve the efficiency of execution and maintaining the legal rights of parties. Combining two aspects of view, applying to the denial system of corporation personality in civil execution is feasible.Chapter three is the theoretical research of the denial system of corporation personality in civil execution. The author believes that any kind of the construction of legal system is derived from the basic theory. Therefore, the author demonstrates that the denial system of corporation personality in civil execution is feasible from the subjective expansion of executive force, the expansion of res judicata and the efficiency of lawsuit.Chapter four is the center section of this paper. Via mastering the law and judicial experience of Changing and adding parties, Building concrete framework applies to the denial system of corporation personality in civil execution from applicable rules, burden of producing evidence distribution and rights protection of additional shareholders.