Research On Judicial Application And Perfection Of Corporate Personality Negation System

The system of denying corporate personality is necessary and beneficial supplement to the system of corporate personality,in order to protect the interests of creditors or social and public interests,so as to deny the limited liability of shareholders in specific legal relations.That is to say,the legal system which requires the abuse of corporate personality to evade debts and seriously damages the interests of creditors to bear joint and several liability for the specific debts of legal persons is the development and improvement of the corporate personality system.The Company Law of our country("Company Law" referred to in this paper,without special explanation,refers to the Company Law of our country)has established the modern corporate system of independent personality and limited liability of shareholders,just like the "Company Law" of other countries.However,the system is used by dishonest and law-abiding individual shareholders in order to meet their obligations to evade the agreement or the statutory obligations,which seriously infringes the interests of specific creditors and the public interest of the society,and causes a particularly bad impact.Has brought the negative influence to the social economy good movement.In order to prevent the abuse of corporate personality system,China's Company Law was amended in 2005 for the first time by statutory law.When the Company Law of China was amended in 2013,a single rule was added to regulate the denial of the corporate personality of a one-person company,that is,Article 63 of the current Company Law.Although the company law of our country has established the system of denial of corporate personality,its application in judicial practice is far from satisfactory,and there are still many areas to be improved and perfected.Therefore,this paper intends to study the problems encountered in the judicial practice in order to put forward feasible suggestions for the future legislation in order to promote the legislation.The first chapter is mainly about the background and significance of this paper,the research status at home and abroad,the main contents and methods of this paper and the innovation of this paper.The second chapter mainly describes the application of the corporate personality denial system in China.The third chapter mainly describes the burden of proof in the application of the personality denial system in China's Company Law,which provides different burden of proof distribution systemfor one-person limited company and non-one-person limited company.And with the case analysis,fully reflects the judicial practice in the application of the corporate personality denial system strictly in accordance with the provisions of the law,distribution of the burden of proof.The fourth chapter of the thesis mainly writes about me The constituent elements of the denial of the legal personality of the national company,the identification standard of the single property mixing between the company and the shareholders,and the identification standard of the personnel,business and property mixing among the companies.In the fifth chapter,the author finds out the problems in this system and puts forward some legislative suggestions.In the sixth chapter,the main content is the three conclusions of the author through the research,the purpose is to give full play to the role of this system,in order to control the abuse of corporate personality and create a good economic environment.