Research On Judicial Application Of Corporate Personality Denial Rules Under The Vision Of Legal Continuation

In the judicial practice,the company's legal personality denial rule is caught in the dilemma of interpretation and non-uniformity.In the face of this dilemma,the revision of the law is inevitably the most effective solution,but the revision of the law must be based on the premise of practice accumulation.Next,there is a lag in time,so the author proposed a new solution: from the judicial point of view,unify the interpretation and continuation of the rule.Therefore,this article will use the comparative law and judicial case empirical research,through the comparative analysis of domestic and foreign theories and related jurisprudence,trying to use the legal teaching method to the corporate law personality of Article 20,paragraph3 of the Company Law.The constituent elements of the denial rule are explained and rebuilt to make up for the legal loopholes that exist.Specifically,the full text is mainly divided into three parts.The first part: empirical analysis of the status quo of judicial application of corporate personality denial rules,and ask questions.Since the introduction of this rule into China,due to the continuous research and perfection of the theoretical and practical circles,this rule has been actively applied in China.However,it should not be overlooked that principled laws and regulations are difficult to satisfy complex and changeable social practices,and there are phenomena such as inconsistent application and confusion in judicial practice.The author has explained the above problems through the analysis of typical cases.The second part: analysis of the reasons.The application of corporate personality denial rules in China's judicial practice,such as the application of different interpretations,is not related to the dilemma faced by the rule of law,but also the judicial application level of the judiciary.China has not yet formed a unified law.Interpretation system and so on.Therefore,the idea of solving the problem is put forward: that is,the interpretation and renewal of the corporate personality denial rule.The third part: Firstly,the principles to be followed in the legal renewal of the corporate personality denial rule are explained.That is to say,legal renewal is not without boundaries.It must be carried out under the premise of respecting the purpose of the law,meeting the requirements of the legal order,and conducting legal arguments.On this basis,through the comparative law analysis,combined with the relevant foreign judicial precedent rules and the judicial practice in China,the main elements,subjective elements,behavioral elements and result elements of the corporate personality denial rule are separately explained.