The Study Of The Disregard Of Corporate Personality Of One-holder Limited Company

With the social and economic development,one-holder company came into our view.After our country confirms the law status of one-holder company,new company law in 2005 introduces the institution of the disregard of corporate personality,Article 20 is about of the common disregard of corporate personality,while Article 63 is a special regulation regulating one-holder company.However,in our country,the system of the disregard of personality was introduced not long ago,comparing with the western countries,and the rules are too common or principled.As a result,there are lots of problems in theory and practice,especially to one-holder company.Thus,this thesis contributes to discovering the typical problems on the basis of empirical analysis?analyzing the reason in combination with theoretical knowledge and proposing some relevant suggestions.In addition to the introduction of this article,this thesis includes four parts:The first part is about the foundation framework of the disregard of corporate personality on one-holder company.First of all,it expounds the theory of the disregard of corporate personality;Then,it analyses the reason why the disregard of corporate personality should apply to one holder company and points out the institutional framework of one-holder company's the disregard legal personality;Finally,it compares the one-holder company and non-one –holder company from perspective of this institution and discusses the commonality and difference,establishing the theoretical foundation for the ensuing chapters or paragraphsThe second part is the judicial practice and predicament of one-holder company of disregard of corporate personality.This part respectively points out the condition of judicial practice and its predicament on the basis of empirical analysis,meanwhile combining with the statistics of the sample cases and the analysis of specific cases.In specific,it elaborates from these aspects,they are the high rate of the disregard of corporate personality on one-holder company?the application of Articles 20 and 63 of the Company Law?the distribution of burden of proof in the Article 63 of the Company Law?the lack of regulation about the type of joint liability?the disregard of corporate personality of the company which shareholders are husband and wife and piercing the corporate veil reversely.The third part is the analysis of the predicament of the one-holder company of disregard of corporate personality.In response to the above judicial practice situation and the predicament,it analyses from the view of the whole and one-to-one correspondence analysis and provides ideas for later proposals.The fourth part is the suggestions of one-holder company's disregard of corporate personality.It includes refining the disregard of corporate personality ? clarifying the relationship between the Company Law 20 and 63 ? regulating substantial one-person companies?letting judicial interpretation and the f Supreme Court Judicial Jurisdiction play a role?reiterating the principle of discreet application of disregard of corporate personality.