Research On The Application Of Disregard Of Corporatepersonality Under The System Of Subscription

In 2005,China's "Company Law" was amended,introducing the disregard of corporatepersonality,and stipulated its basic conditions,scope and legal responsibilities.In 2013,China's "Company Law" was amended,and the registered capital subscription system was established,Many restrictions on capital contribution of the shareholders were cancelled,in particular,the minimum registered capital limit,the cancellation of the time limit,method of capital contribution,and capital verification procedures were eliminated.While activating social capital and promoting the country's economic development,it is also accompanied by many problems concerning the freedom of shareholders' contribution and the protection of the interests of creditors.Among these problems,as the interests of the company's shareholders and creditors,The company's personality disclaimer system of Hengping has further increased its difficulty in identification and application,clarifying its specific certification standards,applicable conditions and certification requirements are prerequisites for the accurate application of the system.In this regard,this thesis takes the application of the corporate personality denial system under the subscription system as the research perspective.From the analysis of the overall data analysis of the judicial case applicable to the personality denial system and the impact of the subscription system reform on the application of the corporate personality denial system,the thesis puts forward the impact on the "significant capital shortage","funding capital","personality confusion" and the burden of proof and the necessity of research after the reform;then from the three aspects of the company's personality denial system and the burden of proof,clear its application controversy points such as the scope of the subject,the elements of the behavior,and the requirements of the results;then,combined with the investigation of the denial system in German,American,and Japanese countries,and learn from their benefits;finally,based on China's national conditions,put forward suggestions for improving the application of the personality denial system under China's subscription system,including establishing the guiding principles for judicial application,refining the applicable conditions for the denial of personality,clearing the distribution of burden of proof for the denial of personality,and improving the guiding cases in judicial practice.This thesis believes that the corporate personality denial system as a useful supplement to the company's independent personality and shareholders' limited liability,should further clarify the controversial issues of the specific application of the system,examine the judicial practice experience outside the domain,and improve the corporate personality denial system in China,with a view to better the role of its interests between equity shareholders and creditors.