Perfecting On System Of Denying The Corporate Personality

New Corporate Law has initial provision of denying the corporate personality.This proves that the issue of denying the corporate personality has entered the scope of legislation. With the development of the modern corporate system, we need to do more work for the legislation of the corporate. While consummating the substantive legislation, we should also improve the procedural legislation. The purpose of establishing the denying of corporate personality system is to prevent the shareholders from abusing separate corporate personality and limited liability, so that we could protect the creditor's right. We need a corresponding procedure to protect the creditor's rights. If the party doesn't have the right of litigating, then protecting the creditor's right by litigating would be impossible. So it is necessary to research the litigation of denying the corporate personality. Guiding by a correct theory, we should base our research on the present situation of the system, so that we could find out and solve the problem. There are a lot of ways to sovle company dispute,including shareholders'resolution,artitration and administration.However,the three ways aren't suitable for denying the corporate personality.Therefore,only court can denying the corporate personality by rigorous review process.So that jurisprudence of denying corporate personality won't be abused.At the same time,the interests of creditors will be protected and the corporate normal will be maintained.While falling into the category of civil action, the litigation of denying the corporate personality has its own characteristics, such as the specificality of the subject of litigation, the particularity of the count and individuality of the effect of judgments. We have to make a concrete analysis of concrete procedural problems. Establishing the system of litigation of denying the corporate personality should base on the basic principles of civil procedure law, such as the equality between the parties. Part of the system, such as judicatory and security system, should also fit in with the civil procedure law. When it comes to the procedural problems, such as jurisdictional system, ensuring litigant and rule of evidence, while guided by the civil procedure law, we should make a concrete analysis. Stick to the civil procedure law and do not make a concrete analysis is not practical. It is possible that the parties are not going to have the same rights. Only making a concrete analysis of concrete problems will get a good result. In chapter two to chapter four we have an elaborate explanation of these three aspects, and this is what we have to pay attention to while establishing the system of litigation of denying corporate personality in our country.