The System Of Disregard Corporate Personality In Judicial Practice Of China

The system of Disregard Corporate Personality is an important system in The Company Law of China. The system of Disregard Corporate Personality was created in U.S.A first. The Company Law of People's Republic of China has been newly revised the Disregard Corporate Personality and took effect in 2006. Hundreds of years, the debate of the Disregard Corporate Personality never stop, the research of the system is quite profound from the scholars both in and abroad. So this paper is no longer need analysis. The author thinks of that we should put the foothold in judicial practice of Disregard Corporate Personality now, and the most important thing of the research is that how to play superiority of the system.So this paper state the value that the system of Disregard Corporate Personality was created in China, through analysis that the theory value,economic value and legal value of the Disregard Corporate Personality. Then the author states the experiences about the judicial practice, and the perfect recommendations of this system of the Disregard Corporate Personality.The first part, the author summarizes the system of the Disregard Corporate Personality. Specific produced about its concept,the legal value,features and expounded, introduces the legislative background and related regulation of the Disregard Corporate Personality in China. Then the author explains the theory value of the Disregard Corporate Personality.The second part, through the one case, the author states the application about the judicial practice of the Disregard Corporate Personality in China. Specific produced the parties,courts,application condition,application circumstances of the system about the judicial practice. Specific produced the application of relevant law about the Disregard Corporate Personality in China. Especially in the related law of one company applicable.The third part, the author state the defects in judicial practice of the Disregard Corporate Personality. Specific produced the problems about the operation,determination standard,party,burden of proof in judicial practice of the Disregard Corporate Personality.The fourth part, the author states the experiences in judicial practice of the Disregard Corporate Personality, summarizes the definition of the Disregard Corporate Personality in judicial practice. Then, put forward some relevant suggestions.Through the theory research of the Disregard Corporate Personality, and summarize the experiences in judicial practice of the Disregard Corporate Personality in China. We can find that, because we did not have enough long time to research the Disregard Corporate Personality, and we did not have enough experiences in judicial practice of the Disregard Corporate Personality. So we need a long time to perfect the Disregard Corporate Personality in China, there is some aspects to perfect. Now, we must study more theory of the Disregard Corporate Personality, summarize more the experiences in judicial practice of the Disregard Corporate Personality. There is still a long way for us to achieve final success.