The Application And Perfection Of Corporate Personality Denial System In Trial

The denial of corporate personality as legal person system is an important component newly added in China’s company law in 2005,which provides a legal basis for the court’s trial denial of corporate personality as legal person in China’s judicial practice.However,China’s company law only provides relatively principled provisions on it,and the applicable legal requirements and recognition standards are relatively vague.With the development of China’s market economy,there are more and more cases involving the abuse of corporate personality independence and shareholders’ limited liability in judicial practice.Due to China’s economic development and the improvement of the rule of law in recent years,the number of companies in China’s market has been increasing year by year.The company’s independent responsibility and shareholders’ limited liability give shareholders and investors a behind-the-scenes guarantee,but the system also provides conditions for shareholders and investors to abuse the independent personality and limited liability of legal person.Stipulated by the regulations of the company legal person personality system in our country,compared with the time is not long,but the system development with foreign company,the shareholders of a company in our country market economy caused by abuse of limited liability company and shareholder rights market economic order,harm public interests and the interests of the creditors and other problems happen from time to time.The United Kingdom,the United States and other western countries have been relatively mature in the use of the relevant system to solve this problem,that is,the establishment of the corporate personality denial system,through the use of empirical cases,can better solve this problem.In addition to the introduction and conclusion,the first part mainly introduces the application of the system in China,and discusses the actual situation of the application of the system in China’s judicial practice.The second part discusses analysis of the current our country the current company law apply to the company legal person personality denial system in the judicial practice of the relevant standards we haven’t made specific provision,the court in the judicial practice in our country to use when the system is not unified,the respective applicable standards,led to a trial results are different,so point enumeration problem for that.The third part is the author according to the current status of legislation in our country and the judicial practice of corporate personality denial system in the application of fuzzy,the identification of personality denial constitutes the standard is not sound,the burden of proof distribution system is not sound,and so on,in view of these shortcomings put forward the corresponding legislative improvement Suggestions.Accurate apply in judicial practice and improve the system of corporate personality,for the purpose,from the value of the current legal basis in the judicial practice in our country and the realistic requirement of judicial practice and so on Angle this paper expounds the necessity of the company legal person personality denial system,and discusses the applied in the system in our country’s judicial status quo and existing problems,and puts forward some perfecting Suggestions.