The Application Of The Disregard Of The Corporation Personality In The Case Of Personality Confusion

As two cornerstones of corporation system, Independent CorporatePersonality and Shareholder Limited Liability play vital roles in socialand economic life. Although such system promotes social and economicdevelopment, this system also has negative effects: In order to pure theirown interests, under the protection of the corporate system, thecompany's controlling shareholders damage the interests of the creditorsof the company. So the law must take measures to protect the legitimaterights and interests of the creditors to maintain the transaction security.Therefore, it is important to deny the legal personality under some specialcondition.Confusion of corporate personality is one of the most importantcases in the Disregard of Corporate Personality. In thenationaljudicialpractice, almost all countries admit confusion of corporatepersonality In thenational judicialpractice. However, according tocurrentlaws and regulations in our country, it does not tell us how to useconfusion of corporate personality to deny the legal personality. The Company Law has identified the use of Disregard of Corporate, but therelevant regulations are still imperfect, and cannot effectively solve theproblems.The main purpose ofthisarticle is to solve this problem. In doingso, this article will be divided into four parts:The first part mainly discusses the meaning and theoretical basis ofDisregard of Corporate Personality. First of all, on the basis of scholarly, Igrasp the connotation of the main points o f Disregard of CorporatePersonality. Second, I analyzed from the point of view of equity, socialresponsibility, and legal basis of the Disregard of Corporate Personality.The second part discusses how to use personality confusion in ourcountry.First, Ifocus onthedifferencebetweenthepersonalitytobe confusedwiththeconceptandother concepts. Secondly,Ifocus ontheanalysis ofthesupreme lawof thecommuniquécase, extracted fromtherevelationofthesupreme lawofprecedent onjudicialpractice.The third part discusses how to use personality in four parts: thebehavior factor, the subjective factor, the result factor and the objectivefactor.The last part provides some thoughts on theimprovement of suchdoctrine in China, includingthe implementation of the guidanceofthecase,further clarify theapplicable conditionsandthe liability of pat tothe proof oppositeplace.