Research On Judging Criteria Of Corporate Personality Mixing

In 2005,China introduced the corporate personality denial system for the first time in the "Company Law".Compared with foreign countries,the legal personality denial system of the company has been implemented late in China,and as an important part of the corporate personality denial system,the law of corporate personality confusion is later in China.At the same time,it is also more ambiguous.At present,the legal provisions for corporate personality conflation are mainly Articles 20 and 63 of the Company Law.These two provisions are constitutional provisions for the corporate personality confiscation.The law does not explicitly state the applicable law in judicial practice.The specific criteria of the article are therefore not operative in judicial practice.However,the demand for such operational laws in judicial practice is increasing.With the development of the market economy,there are many different situations in which the corporate personality of the judicial practice needs to be mixed,and new problems emerge in an endless stream.The legal provisions on the principled corporate personality blending are difficult to deal with such complicated practical problems.Because the current laws and regulations on the corporate personality of the company are not perfect,and the judgments made by the judges in the judicial practice have certain guiding significance for the subsequent similar cases,this paper selects the case of the Supreme People's Court Gazette on the corporate personality confusion.Guide the case for analysis.By sorting out the facts of the case and analyzing the judgment path of the court to understand the specific criteria for judging the corporate personality of the company in the current judicial practice.The overall structure of this paper is as follows.The first part is the brief introduction.Through the combing and summarization of the Supreme Court communique case and the facts of the case in the case,the core case of the corporate personality conflation in the case is restored,and the court's referee points for the case are extracted as the material for the next analysis of the case.The second part is to analyze the facts of the case and the basis of the referee.According to the combing of the case,the basis of the judgment made by the court and thejudgment formation path are analyzed in the cited cases.The three specific situations of corporate personality conflation are property conflation,business conflation and organizational conflation.Therefore,this part will analyze the reasons for the judgment of the court's personality confession and the formation process of the judgment in the above cases according to these three situations.By combing the formation path of the judgment,the court will specify the reasons for the judgment when the three different corporate legal persons are mixed.The third part will focus on the theoretical basis and practical experience of corporate personality judgment.In view of the current lack of a relatively complete system of corporate personality in the country,the second part will mainly explore the theoretical developments and legal provisions of the corporate personality of the United States and Japan,in order to sort out the personality of the mixed judgment in the United States and Japan.Specific applicable standards in judicial practice.The fourth part is the summary and summary of the criteria for judging the personality.By analyzing the relevant cases and laws and regulations in China's judicial practice,and combining the third part of the theoretical basis of corporate personality and the experience of foreign judicial practice,the judgment criteria of corporate personality confusion are obtained.Because of the current situation in China,there is a certain difference with foreign countries.The author believes that the solution of “takenism”cannot be simply adopted,but the theory and practice are combined.It is necessary not only to analyze in depth the current law of the Supreme People's Court and the current law on the corporate personality of the company,but also to selectively use foreign theories and experiences.Therefore,the core content of the last part is to summarize the specific criteria for judging the corporate personality of the company,to clarify the vague provisions in the current judicial practice,and to conclude a clear and clear judgment standard for corporate personality.This paper focuses on the combination of legal theory and judicial practice.Through the analysis of foreign experience and China's current actual situation,the principled legal provisions are defined as operational standards in judicial practice.Therefore,in the process of writing,we must pay attention to the comparative analysis of China's actualsituation and foreign mature theory and judicial practice experience,and selectively use it to form a more mature and operable corporate personality personality judgment standard.