A Typological Study Of Judicial Cases Of Corporate Legal Personality Denial

In judicial practice,when the company is sued by the creditor as the debtor and defendant,there are more and more facts and reasons for the plaintiff to deny the company's legal personality.Its main purpose is to require another legal subject to bear joint and several liability for the company's debts.From the perspective of the current legal provisions,the laws and regulations on the denial of corporate personality lag behind,too rough,and do not match the needs of judicial practice,which leads to a variety of characteristics in the judgment scale and legal application of cases involving the denial of corporate personality in judicial practice.Taking the related civil cases published on the Internet of Chinese judicial documents from 2018 to 2020 as the research object,this paper discusses the different types of civil cases of disregard of corporate personality.The first chapter briefly summarizes the relevant theories of disregard of corporate personality system,including the basic concepts,constituent elements,legal basis and theoretical classification,and briefly refines the two legal relationships involved.The second chapter combs the laws and regulations,judicial interpretation,guiding cases,meeting minutes,local judicial policies and trial guidance of the system of disregard of corporate personality in China;presents the retrieval of related civil cases from 2018 to2020,presents the acceptance of related cases,and combs the inconsistencies in the application of law and review and identification standards of such cases in trial practice One of the problems is that.The third chapter focuses on the three cases of disregard of corporate personality,analyzes how to deal with the application of the system of disregard of corporate personality in the case of confusion of personality,excessive domination and control,and significant lack of capital.The fourth chapter discusses the subject of liability and the nature of liability.For the subject of liability,it should be limited in the scope of the law;for the nature of liability,it should be recognized as supplementary joint and several liability,not joint and several liability.Finally,from the legislative construction and civil trial as the starting point,this paper puts forward some thoughts and suggestions,in order to grasp the legal application of the disregard system of corporate personality in civil trial work,unify the judgment scale,and be beneficial to the actual work.