A Study On The Judicial Application Of Corporate

The confusion of corporate personality is the basis of joint and several liability,and it is also the cause of action often used by creditors.There are many cases concerning the confusion of corporate personality,but because of the absence of relevant legal provisions,there are often disputes in judicial practice,and there are various interpretations of Articles 20 and 63 of the Company Law of the Peoples Republic of China.The opposite verdict have a serious confrontation.In view of the different analysis paths and judgment results,it is necessary to restate and probe into the basic theory of corporate personality confusion.Starting with the connotation of corporate personality confusion,The relationship between corporate personality confusion and Corporate Personality Deniathis should be clarified,and analyzes the legal consequences after judicial confirmation.For the sake of clarify the confusion of corporate personality and disregard of corporation personality.The connotation of the confusion of corporate personality should be analysised and the legal consequence of the judicatory cognizance should be analysised too.A variety of situations on the confusion of corporate personality,which leads to personality denial.The burden of proof should be properly allocated.In order to mirror the true appearance of corporate personality mix,it is necessary to understand the situation of foreign corporate personality mix.In order to acquire advice from other country.,the personality mixture system of America,Japan,Germany and other countries has their own merits.In China,to perfect the rules of corporate personality mixing,we should make up the loophole of Corporate Personality Mixing,make clear the standard of corporate personality mixing,and apply conditional Reverse onus to non-one-person company.At the same time,the scope of application of denying the independence of corporate personality due to the confusion of corporate personality is strictly limited.In order to balance the interests of creditors and shareholders of the company and the company’s affiliated enterprises,to prevent the company’s shareholders and the company’s affiliated enterprises from abusing the company’s independent personality and shareholders’ limited liability to bring disadvantages to creditors,but also effectively prevent creditors from abusing litigation rights.