Research On The Problem Of Personality Denial System In The Case Of Mixed Personality Of Affiliated Companies

Along with the rapid development of the increasing expansion of the investors profit intention and market economy,investors have invested or investing in many companies try to avoid the risk of market to seek to maximize the benefits associated with the company,will come into being,and have a place in the market Chinese.At the same time,all kinds of abuse related company independent legal personality situations such as bamboo shoots after a spring rain appeared frequently,often shareholders for their own interests,pocketed affiliates as its profit under the guise of the transfer of the property of the company,and related to harm the interests of the creditors of misappropriation of funds."Affiliate" and "personality confusion" as the key words in the case of no litigation case database search found that the association of disregard of corporate personality from the cases before 2013,dozens of straightup for hundreds,including most of such cases concentrated in the economically developed areas in Shanghai Shenzhen and Zhejiang etc.China's new "company law" to follow the Anglo American legal system to determine the system of personality denial,but there are still many imperfections in the provisions,such as the existence of disputes in theapplication of the main body,thecriteria for the identification of personality ambiguity.In order to guarantee the legitimate interests of creditors are not occupied by the shareholders to control the position of the infringement,called the "company law" article twentieth paragraph third extended voice also gradually rise,because the case No.fifteenth guidance issued by the supreme law is not convincing against the expansion of Zhang Shi's personality system for company voice as one falls,another rises.Because of the need to enrich the theory of practice and reality,whether personality system can expand applicable affiliates even lack of legal and judicial interpretation expressly provided in the background,but also gradually be expanded for many courts.Therefore,itis more and more realistic and theoretical significance to explore the personality denial system for the application of affiliated companies and the research on the liability of shareholders.The real case in this paper is based on three related company personality confusion as the research object,contrast two level court or two different courts for similar cases in different sentence summarized from the three focus in three cases.Three focus on the problems summed up that related thepersonality confusionidentification standards,related company in a confusion of personality situation regarding law applicable to the dispute and disregard of shareholders in the company after the expansion of Application Association should bear responsibility,combined with the theory and practice of scholars view of legal analysis.According to the personality vulnerability in the application of company system and lack of recommendations from the legislative and judicial practice,in order to regulate the disregard of corporate personality for company,but also provide reference for legislators and judges in practice.