A Study On The Personality Denial System In Affiliated Companies

Associated enterprises are inevitable when economic development to a certain stage.It is an important part of economic society.It is promoting economic development high speed,but also can not avoid the difficult adjustment brings many traditional legal problems,particularly related to the traditional corporate personality negate a huge legal system challenge.At present,the problems of abuse of the legal person's independent status and the violation of interests of the creditors of the affiliated enterprises in our country are prominent.Although Article 20 of the Company Law stipulates the system of denying the personality of a company,from the point of view of the legal provisions,it mainly refers to the situation that the shareholders of the company abuse the independent status of corporate juridical person and the shareholders' limited liability undermine the interests of creditors.However,in reality,the abuse of the personality of an independent legal person is not limited to the shareholders.There is also a substantial abuse of the independent personality of corporate jurors among affiliates that do not have direct investment.But because the main body of abuse is not a shareholder,so there is no clear and specific provisions of the law to address the personality of such affiliated enterprises to deny the problem,resulting in judicial practice of such affiliated enterprises mixed with the applicable law is not clear,There is no clear standard for the denial system.In this paper we discuss the convergence point about the legal personality denial system and the associative company personality mixed and provides a viable model to solve problem.This paper points out the usefulness of the existing system in the application and draws the useful experience of the other countries in the legislation and practice level.It puts forward the feasible mode that the legal personality denial system applies to the association of the personality of the affiliated company,that is,the direct legislation and the relevant case guidance mode The And pointed out that no matter what kind of application model,legal personality denial system should be strictly applicable in the framework of the provisions,only the strict application of legal personality is independent of the system of compliance,the application of legal personality denial system is not a denial of legal personality,But in order to better apply the system.