Research On The Application Of Objections And Objections Lawsuit By Additional Shareholders

In the process of implementation,we must try our best to realize the applicant's creditor's rights,and ensure that the lawful rights and interests of the enforced person and the outsider are not infringed.This requires establishing a perfect implementation relief system and giving the relevant subject procedural or substantive relief.Ways to ensure timely correction of illegal enforcement and improper enforcement and ultimately achieve substantive justice.Articles 32,33,and 34 of the Supreme People's Court's Regulations on first time a complaint of enforcement of an objection in the procedure of change or addition of the enforced person.The change and addition of the enforcement objection in the executor's procedure has improved China's existingChanges in Civil Executions and Additional Issues of Additional Parties provide for the system of enforcement of objection,and introduced the debtor's objection and license enforcement system to a certain extent.That is to say,due to the realistic need to crack the execution,the law provides a list of provisions for the case where the affiliated company,the shareholder,and the actual controller can be added to the enforced person in the civil execution procedure.However,the additional shareholder has the right to remedy the case by filing an objection to the case of dissatisfaction with the additional ruling.However,there is a difference between the application of the objection and the enforcement of the objection of Article 227 of the current Civil Procedure Law of China in terms of the applicable conditions,scope and nature of the complaint.On the basis of necessary analysis and analysis of the types of current enforcement objections and enforcement of objections in China,the research on the performance forms and institutional basis of shareholders' objections and enforcement of objections is conducted from the perspective of the additional shareholders;An empirical analysis of the types of complaints filed by shareholders who are added to the executed person.In the process of positivization analysis,it is found that whether the shareholder should be added as the executor,whether it is against the debtor's dissatisfied objection filed by the additional shareholder or the execution of the license issued by the applicant,mainly depends on whether the shareholder exists.Evasion of capital and other activities leads to significant shortage of capital of the company,whether the shareholders are confused with the company's personality,whether the shareholders over-control the company or use the company to avoid contractual obligations,and judge whether the company's personality should be denied.Therefore,an attempt is made to analyze the refereeing rules of the company's personality denial system in such enforcement of objections,such as the applicable conditions and the distribution of burden of proof.