Research On The Standard Of Identification Of Corporate Personality Confusion

As the main situation of denying corporate personality,personality confusion is of self-evident importance in the system of corporate personality denial,and the standard of identification of personality confusion has become the focus and difficult problem in the litigation of corporate personality denial.In the trial practice,due to the different identification standards,the judgment of the same case is different,which seriously affects the judicial credibility and the function of the company law personality denial system.Based on the above issues in 116 company personality with case judgment as samples,the current situation of the company personality with that of our country has carried on the empirical analysis,found that the formation of the above situation can be attributed to the controversy,confusion factors that exist in the personality confusion between different standards and associated companies personality confusion that conservative thinking.A comparative study on the identification criteria of personality confusion in Anglo-American law system and continental law system shows that the identification of property confusion mainly starts from the aspects of the company's financial account books and the ownership of the company's property.For the cognizance of confusion in your organization,the focus of most companies are mean body component members of the cross is an office or the number of kinship,just carry board mountain firing in Japan,the judge clearly put forward to judge the essence of the organization with the key lies in whether there is confusion,rather than a sign of how much confusion.Among the three factors of confusion,property confusion is the most important factor for the identification of personality confusion.As for the identification of personality confusion of one-person company,many cases take the existence of property confusion as the identification standard.It is generally accepted by two legal systems to identify the existence of personality confusion between affiliated companies according to property confusion and organizational confusion.Regarding the identification of property confusion,this paper proposes that if the natural person shareholder's personal bank account is regularly used for the financial income and expenditure of the company,the identification of property confusion can be formed between the shareholder and the company.In other cases of identification of property confusion,this paper USES enumerate specific cases and summarize the way to state their views,in the specific identification method can be used in the method of judicial audit.As for the organization of the confusion that should pay attention to the existence of the company means the essence of the loss will occur,it is only when a series of confusion appearance form the chain of evidence can prove that independent meaning is affected,the company has to make sure the organization confusion,especially in case of parent-subsidiary,sister cross between shareholders and directors of the company is an or the presence of kinship,should distinguish between mother and child and the parent-subsidiary company,and then based on the dispersion degree of corporate capital structure set different organizations with standards,only to reach the standard to make sure the organization confusion exists.On the identification of business confusion,we should distinguish between affiliated companies and non-affiliated companies,only the same business scope can not be identified as business confusion.As for the importance of various mixed factors in the identification of personality mixed,this paper believes that the importance of property mixed is the first,followed by organizational mixed,and business mixed is the last.The identification of the mixed personality of one-person company only needs to satisfy the mixed property.About the personality confusion that affiliate companies,possessions,organization blend with confusion and business affiliates personality with that train of thought,is not suitable for the need of company personality with trial practice in our country,between affiliate companies as long as meet the possessions and organization confusion can be concluded that the personality confusion,in which that train of thought not only can reduce the plaintiff's burden of proof,still can make the company personality denial system get better play to the function.