Research On The Personality Denial System Of Affiliate Company With Personality Confusion

The affiliated company is a new phenomenon in the development of the company system.In recent years,the number of affiliated companies has increased rapidly under the influence of many factors,such as the policy adjustment and the increase of social capital.The existence of syncretism among affiliated companies threatens the interests of creditors greatly,and it also brings some negative effects to the stability of market transaction environment.It is not only the focus in the economic field,but also the urgent problem in the legal field to apply the rule of disregard of personality to the affiliated company in the case of personality confusion,to relieve the creditor's interests and regulate the market behavior.Although China's "Company Law" introduced the system of personality denial,but there is no clear provisions on how to apply this rule among affiliated companies,which forms a gap in the current legislation.The question of how to apply the personality denial rule to affiliated companies in the case of personality mixing,although there are some guidelines issued by the Supreme People's Court as guidelines,however,the complexity and Changeability of reality limit the referential value of guiding cases.It is obvious that the current system of disregard of the personality of legal person is not sufficient to cover such cases.In practice,different judges are inevitably influenced by the differences in the determination of facts and the misunderstanding of the theory of disregard of personality,it is unfavorable to maintain the unity and preciseness of our country's law.So far,the discussion of this problem in the theoretical and practical circles has not reached a conclusion.Therefore,this paper attempts to analyze and summarize the current various research views and judicial practice,with the method of legal interpretation and case analysis,this paper explores and demonstrates the new way of the application of the system of personality denial by affiliated companies under the situation of mixed personality.This article is mainly composed of three parts.The first part mainly introduces the definition of affiliated company and affiliated relationship,the manifestation of affiliated company's personality confusion and the significance of improving the system of personality denial under the condition of affiliated company's personality confusion;the second part starts from the judicial practice in China,discusses different situations in practice,and explains and analyzes them through related cases,so as to further clarify the relevant issues There are a series of problems existing in the application of the current law in the case of the personality confusion of associated companies,including the lack of the main body conditions,the different recognition standards of the personality confusion,and the unreasonable distribution of the burden of proof.The third part is mainly based on the problems in the application of the current law in China,and puts forward suggestions for the improvement of the personality denial system in the case of the personality confusion of affiliated companies in China In order to find the way to apply the system of personality denial in the case of personality confusion of affiliated companies,the following three aspects are put forward: the eligible subject,the clear standard of personality confusion and the reasonable distribution of the burden of proof.