Research On The System Of Corporate Personality Denial Under The Condition Of "Significant Capital Shortage" In Chinese Companies

The United States is the first country to stipulate the system of corporate personality denial,and exists in the form of a large number of cases,although China in the form of statutory law,but still retain the system of the case equity.According to the characteristics of the case of the system,it is not difficult to find that it is very difficult to establish uniform applicable standards through law.Prior to 2014,the legal personality was denied by "significant lack of capital",the main point of view is that the registered capital of the company is lower than the legal minimum registered capital or the registered capital and the size of the company's operation,the potential risk gap is wide,and the shareholders pass on the unreasonable risk to the creditors,The aggrieved creditor may request to deny the personality of the legal person in order to make the shareholders bear joint and several liability.In the 2014,the company's capital system made a major change,eliminating the minimum registered capital and the mandatory capital verification procedure,and implementing the registered capital recognition system.The core spirit of change is to relax the market access conditions,which means that only the registered capital as the standard to judge whether the capital has reached a "significant shortfall" has lost the realistic basis,replaced by a demonstration of the company's asset credit net assets,but special industries,such as securities companies,fund management companies still take the registered capital as the criterion.This article is divided into five parts.The first part is the introduction,which expounds the origin and significance of the topic,analyzes the current situation of the "significant lack of capital" situation at home and abroad,and expounds the research methods and innovation points and shortcomings of this paper.The second part is to analyze the related theory of "significant shortage of capital".First of all,it is clear that the broad meaning of capital should include net assets,and net assets as a new connotation to judge the "significant shortage of capital".Secondly,it expounds the theory of corporate personality denial system and puts forward the essential characteristics and significance of corporate personality denial system.Finally,on the relationship between "significant lack of capital" and corporate personality denial,this paper analyzes the controversy between the academic circles,and concludes that "significant lack of capital" is one of the applicable situations of legal person's personality denial.The third part analyzes the application status of "significant shortage of capital" in China.This paper analyzes the problems of imperfect legal provisions in the system of corporate personality denial,and puts forward that the criterion of judging "significant lack of capital" in judicial practice is not uniform,and this part mainly analyzes the problems existing in the application of the situation of "significant lack of capital" in China.The fourth part is to analyze the theory of corporate personality denial abroad and the application of "significant lack of capital",mainly in the United States,Germany as an example to expound,put forward the foreign corporate personality denial system to China's enlightenment.The last part is the perfect suggestion that the situation of "significant lack of capital" should be applied,including refining the relevant legal provisions,standardizing the judicial procedure of applying the system of personality denial of legal person,perfecting the judgment standard of "significant shortage of capital",considering whether to meet the criterion of "significant capital shortage" in combination with other factors,and applying "significant insufficient capital " The situation should be analyzed in detail.