On The Enlarged Application Of The System Of Disregarding Corporate Personality From The Perspective Of Evidence

In 2005,a new chapter of the “Company Law”was opened.The company's corporate personality denial system was formally confirmed by legislation.Since then,a large number of cases have been applied to the corporate personality denial system.This shows that this system is not a piece of paper in China.The role of protecting the interests of creditors,but it is still found that the shareholder(parent company)transfers property to the company(subsidiary)and the mutual transfer of property between sister companies and other new abuse of corporate personality independently harms the interests of creditors,the current “Company Law ”There is no clear regulation on this.The Supreme People's Court issued a guiding case in 2013 as a reference for resolving such new disputes,but it still cannot fully protect the interests of creditors.Therefore,Chinese scholars began to apply to the expansion of the corporate personality denial system.Conduct theoretical research.The basis of judicial judgment is the specific legal rules.Regularizing the theoretical research results can really make up for the shortcomings of the current corporate personality denial,thus providing rules for the behavior of the company and shareholders,and regulating the irregular behavior of the market economy.This paper uses theoretical literature research method,case analysis method,empirical analysis method and other methods to first summarize the concept of corporate law personality denial expansion and application;secondly,it sorts and summarizes the theoretical research on the expansion of applicable aspects of predecessors;Practice and theoretical views and the analysis of the status quo of domestic judicial practice,in the end,the author will define the meaning of the reverse denial of corporate personality and the denial of personality of sister companies,and put forward detailed suggestions from the perspective of entity and procedure.This paper is different from other papers and only does the theoretical analysis without the shortcomings of empirical analysis.It is the combination oftheoretical and empirical methods to draw opinions and suggestions.The author believes that the company's legal personality denial is divided into the company's legal personality reverse denial and the sister company's legal personality denial,specifically for the social public interest to deny the company's personality independence,or the creditor requests the court to let the company(subsidiary)as the shareholder(parent company)debt Take responsibility and deny the independent personality of sister companies to take responsibility for each other.The expansion of the corporate personality denial has its rationality and necessity.On the one hand,the corporate personality denial system itself implies the expansion of applicable jurisprudence,and it is necessary to introduce the extension of the corporate personality denial in order to maintain social fairness and justice and economic development.On the other hand,the judge needs clear rules as the referee in the referee case,and the expanded application of the corporate personality denial system cannot be replaced by other existing systems,such as the creditor's right of revocation and subrogation.When applicable,on the one hand,it is necessary to pay attention to the protection of the interests of creditors in addition to the protection of creditors' interests,and even the protection of public interests;on the other hand,it is necessary to pay attention to the reasonable distribution of the burden of proof,so that the plaintiff can assume the initial The burden of proof,the defendant bears the burden of proof of non-abuse.