Regulation Of Abuse Of Corporate Personality By Controlling Shareholders In China

China's "Company Law" in Article 20,Article 64 clearly stipulates that the controlling shareholder of the interests of creditors should bear the liability.Although the controlling shareholder of our country's abuse of corporate personality system has been set up for nearly a decade,but because the company's controlling shareholder abuse of corporate legal status vary widely,and in 2014 to revise the "Company Law",the company's establishment.The formation of shareholder status has produced a greater change than the original,resulting in the existing law and judicial interpretation cannot better regulate the behavior of shareholders abuse the company's personality.Therefore,it need for a more detailed study of the behavior.In the first part of the thesis,the author gives an overview of the abuse of the company's personality behavior by the controlling shareholder,clarifies the concept of the controlling shareholder,abuses the subjective elements of the company's personality behavior and the objective elements,the specific meaning of the regulation and has been clearly defined as the abuse of the company's personality behavior.The specific situation to sum up.In addition,the author summarizes and summarizes the existing theories of corporate personality denial,and studies the abuse of corporate personality in the different legal systems of Germany and Anglo-American,and puts forward the theoretical basis for the regulation of our country.The second part of the paper,the author will be in different legal information online collection of relevant cases,and with such as "abuse of corporate personality","corporate personality denied" and other keywords to retrieve,do not meet the requirements of the case,through the production form.Contrasting the way of empirical research,and pointed out that the current regulation of the controlling shareholder of the abuse of the company's personality behavior problems.Through the empirical analysis,the author finds that,in the practice of judicial practice,there are some deficiencies such as the lack of understanding of the corporate personality discrimination system,such as the judge's abuse of the corporate personality.The controlling sha reholder will use these defects to transfer the assets and withdraw the funds,thus evading the creditors' debts and infringing the creditors.The third part of the thesis,based on the empirical analysis of the theory and the case,puts forward the ways a nd means to regulate the abuse of the company's personality by the controlling shareholder.First of all,through the form of legislation,the specific behavior of personality mixed with the provisions;Secondly,the appropriate reference to the Anglo-American countries reverse corporate personality denial system,so that the controlling shareholder through the associated companies to mix and over control of the company's situation is regulated.Give full play to the role of the Supreme Court guidance case,make up for the plight of specific laws and regulations before the introduction.The innovation of this paper is to analyze the cases of abuse of rights by controlling shareholders in the way of data,and find out the problems prevalent in many cases through longitudinal comparison,and then put forward the proposal of regulating shareholders' abuse of corporate personality behavior.At the same time,the author puts forward the application of the domestic research system,and suggests that the law of our country should introduce this system which belongs to the Anglo-American law system so as to better control the abuse of the corporate personality by the controlling shareholder.