| In the company law of our country,the independent status of the company legal person and the limited liability system of the shareholders are clearly defined.At the same time,the system of denying the independent status of the company legal person and the limited liability of the shareholders is also introduced.The two systems are one and two sides of the company system.They work together to balance the interests of the shareholders and creditors and promote the development of the company system The company system developed steadily.However,it is difficult to identify the facts and standardize the application of the system.In the face of the same evidence in the same case,different levels of courts may have completely different judgments.Xiao Ying v.Dongfanghong,zizhongxinan and other cases of corporate personality denial are typical cases of the above situations when applying the system of corporate personality denial.There are three main dispute focuses in this case:(1)whether the sued company constitutes the identification dispute of the main elements needed in the denial of personality;(2)whether there is the identification dispute of the behavior of personality confusion between the sued companies;(3)whether the behavior of the sued companies causes serious damage to the interests of creditors.Based on the existing theory,legal provisions and the judicial judgment of the same case,this paper analyzes this case and draws the following conclusions:(1)southwest cement company and building materials company do not meet the main requirements within the scope of the current applicable company personality denial system,and Zizhong Southwest Company is in line with the main requirements;(2)building materials company,southwest cement company and Zizhong Southwest Company are in line with the existing conditions In fact,there is no personality confusion with Dongfanghong company,but there is a certain personality confusion between Southwest cement company and Zizhong Southwest Company;(3)in terms of outcome elements,building materials company is completely impossible to damage the interests of creditors,southwest cement company and zizhongxi south company may cause damage to the interests of creditors,but this situation is not with the personality of Dongfanghong company Generally speaking,it is difficult to deny the personality of building materials company,southwest cement company and Zizhong Southwest Company,and let the three companies bear joint liability for the debts of Dongfanghong company.In the end,the case leads to the consideration that when applying the system of denial of corporate personality,we should follow a certain approach,and we should balance the burden of evidence,and think about the expansion of the system of denial of corporate personality. |
