Disregard Of Corporate Entity In Judicial Practice Between China And Japan

In 2005,Japan and China have been amended to promulgate the "Company Law",and then in March 1,2014.we began to imply the new "Company Law." For decades,the disregard of corporate entity has triggered the hot debate of academia,and it has also been applied in judicial practice.In addition to the preface and epilogue,this paper is divided into three chapters.The first chapter is aiming at the theory about disregard of corporate entity between Japan and China in a total of a comprehensive introduction.From the definition,the author point how the theory began and developed in this two country.In the case of application of Japan,the corporate entity of the company was abused and formalization of company personality both of which were widely recognized and applied.China is a traditional statute country,and in the form of jurisprudence applicable,this theory is too dependent on the judge's discretion.Then the second chapter summarizes the legal relationship between parent-subsidiary company in the two countries,and summarizes the basic characteristics of the parent and subsidiary companies.The definition of the parent-subsidiary company is the basic problem.In company law of Japan,the definition of the parent company mainly considers the main factor and the control factor.Finally,the third part analyzes the classic cases of judicial practice between China and Japan,and analyzes the reference significance of Japanese law to our legislation and put forward some suggestions.The innovation of this paper lies first in the innovation of the topic.There are lots of studies on the theory of denial of personality in domestic academic papers,but few are cut from the perspective of the parent and subsidiary companies.Secondly,there are a lot of cases.Because of the author's lack of knowledge,the height and depth are limited.Case analysis is also able to meet the legal master's theory of practical teaching requirements.