Disregard Of Corporate Personality System Is Applicable To Research

Disregard of corporate personality(DCP), that said "lifting the veil of corporation", refers to denying the company's independent property and making the shareholders undertake the responsibility legal regime to the company creditors in specific cases. This article analysed the relationship between Company personal independence and DCP. Learning from successful foreign experience in the legal system, the author put forward his own views to improve China's implementation of the judicial process application of the systemThe full text is divided into six parts.Part 1 elaborates the concept and characteristics of DCP and the relationfship of between Company personal independence and DCP. Corporate personality is the basic characteristics of the System Co., Ltd. DCP is a kind of legal relief, under the premise of admittng & respecting the common rule of corporate personality. What DCP regulates is an exception of corporate personality. Despite the name of "lifting the veil of corporation" or "Piercing the Corporation's Veil" or "Durchgriff DCP is to deny the independent property in special cases so the shareholders and the actual controllers must undertake their responsibility.Part 2 studies the application of DCP in countries. Western countries formed relatively systematic application conditions. That is, to establish a company legally and effectively and maintain personality; the shareholders use this independent personality improperly; the Shareholders use the company doing things that damage the benefits of the company itself. In the legal practice in British ,U.S.A,Korea and Japan, it makes concrete criterions: a serious shortage of capital, confused relationship between parent company and subsidiary company, shareholders treat company property same as personal property, hide the real information, a large number of related party transactions,no needed record, etc.Part 3 analyzes the scope of application, forms and exceptions of the application in China. Comparatively judicature construction of aplying DCP in China is dispersed. The manifestations are nominal companies, property mixing of legal person and it's menbers, pesonality mixing of legal person and it's menber , shifting gains, affiliated to another company to operate,etc. Meanwhile in some situations we need to be cautious: the Shareholders bringing out DCP, the other party of agreement breaking the agreement first, joint-venture company, DCP for the second time.Part 4 investigates the rule of law practice of DCP in China. Before the modifying Chinese Company Law, DCP had been imported already. Judicial interpretations are the expressions. The author lists some situations in legal practice: investors are not in place, lack of capital, capital flight, failed in a legal personality, settlements are not obligations,illegal activities. Usually above situations will be handled by supplementing Shareholders in Procedure of implementation of the Court. It is not difficult through the case analysis to discover, the implementation supplements procedure takes a concrete legal rule explicit system, in the practice (including initiates procedure, hearing process) to its procedure, the entity judgment standard, the conclusion way, the relief method to have the corresponding operating condition carelessly, although rise to judicial interpretation altitude, already might realize the company legal person personality in the court execution through this procedure to deny, protects the creditor creditor's rights.Part 5 analyzes the causes of loss. After the modifying, the rules of DCP in China is still In principle, togetherwith the lack of judicial interpretations, it make some problems in our DCP system, such as Provides more physical defects, Narrow the scope of application, etc. The application of the type of object less, light weight in the form of content. At the same time, in the execution supplements the hearing procedure also exposes the compulsion binding force insufficiency, the standards not strongly, the legal basis insufficiency, to increase questions and so on judicial cost. Has the scholar law to the person personality to deny whether the system should direct raise the objection suitably in the execution, thought that must consider the company shareholder's judicial relief right, suits in the lawsuit denies legal person's independent personality. Looked from the flaw reason, in politics, the special economic subject has the privilege; In the economic system, the legal person management structure is imperfect; In the market mechanism, the company goes on the market the system as well as the stock market system is not perfect is causes the company legal person personality to deny that the system occurs in our country both using the insufficiency, and has the risk reality which abuses is been awkward.Part 6 expounds the conception to consummate DCP system in China. The author believed that because Our country Corporation system was still imperfect, is suitable the company legal person personality to deny that should also have the special place. The author thinks that the existing supplement procedure in implementation of the Court is the only possible way to carry out DCP in China. Implementation judges are Experienced. From case studies.we can find out that we can handles the debt claims Efficiently by using supplement procedure, and compared with lawsuit procedure, the rules about implementation are more Systematic. So, we need not to become involved in the debate of lawsuit and implementation. Maintain and develop the existing implementation procedure is the possible way to estabish DCP. Finally, we shall form the principle : prohibition of fraud, Against Illicit, Prohibit manipulation, maintain fair. From the start of these principles, by making laws, we can eliminate controversy , Limit the discretionary power over,so to protect fairness and the interests of justice as well.