| As an important participant in the modern economic market,affiliated companies have obvious advantages in economic market competition;the large number of affiliated companies has emerged and developed,on the one hand,it has promoted the rapid development of the market economy,and on the other hand,it has also brought the corresponding The problem is mainly manifested in the fact that affiliated companies are easily used by criminals as tools for transferring property and evading debts in the course of operation,causing affiliated companies to have mixed personality and legal personality under the operation of joint controlling shareholders or actual controllers,causing the affiliated companies to lose independence.Corporate personality.At the same time,due to the inadequacy of the current system of denial of personality in China,the judicial practice has diverged in the application of the system in the case of denial of personality of affiliated companies.This article is divided into three main parts to conduct empirical research on the issue of denial of corporate personality in the case of mixed corporate personality.In the first part,the author screened 155 typical affiliated company personality confusion cases as sample cases from the collected 388 application cases of Guiding Case No.15(hereinafter referred to as Guiding Case No.15)issued by the Supreme People’s Court.Analyze the dilemma of legal application of corporate personality denial in the case of mixed personality of affiliated companies,and find that there are three main issues in the dispute of corporate personality denial of related companies:first,the identification of affiliated companies;second,the mixed personality of affiliated companies Third,the disposition of the denial of the legal personality of the affiliated company and its connection with the current legal system.In the second part,the author evaluates the legal application of the denial of corporate personality of affiliated companies.Regarding the definition of affiliated companies,due to the ambiguous definition in judicial practice,the author analyzes laws and regulations and related theories in academia,and believes that personality confusion between affiliated companies also needs to apply the corporate personality denial system.The third part,through the application analysis of Guiding Case No.15 above,coupled with the relevant laws and regulations in China to define the affiliated company standards,combined with relevant theories and foreign legislation,China’s affiliated company recognition standards should be based on subject conditions and behaviors The conditions,results,and other conditions are considered and considered comprehensively,and then,from the system level and the specific operation level,it demonstrates how the affiliated company reasonably applies the current legal personality denial system,and analyzes with different types of affiliated companies,and contrasts with the U.S.reverse denial The system believes that this system cannot be used in China’s current corporate personality denial system.Finally,it puts forward the suggestion that the affiliated company should be included in the scope of application of corporate personality denial in Article 20 of the Company Law. |
