The System Of Disregard Of Corporate Personality Is Applicable To The Mixture Of Corporate Personality In Affiliated Companies

In judicial practice,because of the associated company personality confusion and economic disputes more and more.For general corporate personality confusion,targeted introduced legal person personality denial system in our country to regulate,but confusion of legal norms to regulate affiliate personality is still belongs to blank.Can the personality of the affiliated company be used to regulate the corporate personality denial system established by China's legislation? This is the problem to be discussed and solved in this paper.In this article,the author firstly analyzes the definition and characteristics of legal person personality denial system,and combined with the current laws and regulations on the definition of correlation concept of affiliates and the judgment standard.Then,through the analysis of the common corporate personality,we get the external manifestation and the reason of the mixing.Next,the author in the third part discusses the associated company personality confusion and general corporate personality differences in confusion,and found that at present our country legislation confirmed by the legal person personality denial system is a kind of special legal person personality denial system:the interests of the protection scope is too narrow,can't guarantee all the rights of the subject through this system to obtain relief,also fail to cover all cases of affiliates personality confusion,also lack of specific operating rules in judicial practice.Therefore,the application of this system has certain limitation when solving the problem of the personality confusion of affiliated companies.The fourth part is the key part of this paper,namely how to perfect the existing legal provisions and concrete operation in our country so that it can solve the problem of the mixed personality of the affiliated company.To this,the author from the theory of perfect,system construction,and operating procedures three perfect Suggestions are put forward from three aspects: first,in combination with the practice in such cases,this paper introduces the reverse puncture theory of creditors and the triangle prick theory,proposed to the two theories in the form of legislation introduced;Next to the current law,the author suggested that increased out terms,the implementation of the concept of fairness and justice to expand its scope of application,at the same time increase the associated company personality abuse law to explicit the situation of abuse;Finally,it is proposed to improve the rules of similar disputes in judicial practice.