On The Application Of Corporate Personality Denial System In Civil Execution

Disregard of corporate personality is a legal system that in order to prevent the misuse of the independent status of a company.protect its creditors’interests or the public interests,denying,based on the specific facts of legal relationships.the respective independent personality of a company and its backside shareholders and the limited liability of the company,reguiring the shareholders of a company,including both natural person and legal person shareholders,to be responsible to the company’s creditors and public interests.The key purpose of the judicial application of this system is to avoid or remedy the misure by certain shareholders of some basic rules such as the indepengent personality of a company,limited liability of shareholders.etc.,so as to maintain the fairness and justice of the society.Although this system has been established by China’s current Company Law,the relevant rules are still in principle,which lead to un-unified judging in judicial procedure.This paper, besides preface and epilogue outside, is divided into five chapters, points above as follows:The first chapter to the company to the system of disregard of the concept, the connotation of the narrative as the starting point, combining the company personality independence and the relationship between the company personality denied, the company personality denied legal basis, the company personality denied that make a comprehensive discussed.The second chapter company personality denial system applicable scope and researches about whether can give full play to the function of the system, the uniform judicial practice is very important, so, the author from the theory and the method of combining the empirical analysis, as far as possible will apply the system of disregard of the company shall be clear scope.The third chapter to the current company law revision as a dividing line, the system of disregard of corporation in domestic judicial application process and present situation analysis of the system were compared and analyzing, and strive to fully display the legal system for judicial practice course.The fourth chapter in civil enforcement is the company personality denial system is sentenced to force of the development of the principle of inevitable, belongs to the executive power to particular inherited the expansion of the people, and are conducive to judicial reasonable allocation of resources.The fifth chapter, according to their current company law to the company for the system of disregard of the existing legislation perfect space, combining with the judicial practice, for the perfection of the legislation of the system put forward its own proposals.