Corporate Personality Denial System Typed Research

The modern Company Law fully adopts the principles such as honesty andtrustworthiness and forbidding the Abuse of Rights in Civil Laws, introduces the ruleof deny of company’s separate legal personality as the supplement to the rule ofcompany’s independent personality and limited liability of shareholders, which is agreat breakthrough of china company law. However, the rule of deny of company’sseparate legal personality has just been introduced into china with big discrepancy ontheory side. As such, such drawbacks as being too abstract, ambiguous and over strictin application occur. Moreover, in the practice of civil justice, the rule of company’sindependent personality has not been adopted by many judicial officers. On the otherhand, some officers in the underdeveloped area have over enlarged the applicationscope of the rule of deny of company’s separate legal personality and abused the rightof discretion.In view of this, the essay is trying to effectively summarize the Chinese judicialprecedents and experiences and recognize the degree of understanding and actiondirection for the rule of company’s independent personality in different countriesfrom the typological approach, the basic way of thinking in Civil Law Interpretation,aiming at actually knowing the application scope and condition of the rule of deny ofcompany’s separate legal personality, better regulating the right of discretion byjudicial officers and hopefully providing reliable and workable doctrinal guidance forthe application of the rule of deny of company’s separate legal personality in Chinajudicial practice.