Research On The Denial Of Corporate Personality In Our Country

The corporate legal personality denial system has been precipitated by more than one hundred years of academic and practical experience.This system has been universally recognized and adopted throughout the world.Judging from its substantive content,this system is an extension of the company's legal personality independence and shareholders' limited liability.By “piercing the corporate veil” in specific cases,the infringing shareholder directly assumes responsibility and negates the company's independent personality to protect the interests of the creditor.This system is not only for the sake of balancing the interest system,but also a means for us to achieve social fairness and justice.China's "Corporate Law" explicitly stipulated the company's legal personality denial system in 2005.This marked the official entry of this exotic product into our legal system.Due to the fact that there is no mature theoretical accumulation of this theory in the history of the development of the legal system in China,the corporate legal personality denial system is not perfect in our country's legal system.At this stage,this theory is still in its infancy in China's legal system.Not only is there a lack of statutory law and supporting judicial interpretation,but there is also a lack of guiding cases in judicial practice.Therefore,in order for the corporate legal personality denial system to take root in China,it is necessary to conduct in-depth research on this theory,analyze the problem,and summarize the advantages and disadvantages of the foreign company legal personality denial system,thus introducing this system into our country very well.It comes from the legal system and it is well used in judicial practice.In this article,the author uses theoretical explanation,Chinese and foreign comparison,value analysis and other methods to explain the system of corporate personality disclaimer in the meaning of the system,the study of foreign systems,the constitutional elements of the company's corporate personality disclaimer,existing problems,and suggestions for improvement.It is hoped that the simple understanding of oneself can make a modest contribution to the application of the corporate legal personality denial system in our country.This article elaborates on the following aspects:The first part describes the meaning,characteristics,value and purpose of the company law personality denial system from the overview of the company law personality denial system.The second part analyzes the theory and practice of the legal personality denial system of common law companies and civil law companies,and then compares this system with our country to draw lessons from experience and development.The third part analyzes the constitutional elements of the company's legal personality denial system,elaborates the main requirements,the behavioral requirements and the result requirements.In the fourth part,the author analyzes the problems of the company's corporate personality disclaimer system and its suggestions.From the legislative issues to the judicial issues one by one to analyze.At the legislative level,the content of the entity and the procedural issues are proposed.From the above four aspects,a shallow theoretical analysis and practical analysis were conducted to discuss the company's legal personality denial system based on the principle of asking questions and solving problems.