The Empirical Research Of Standard And Application Of Confusion Of Personality

Implementation of the company law in2006clearly stipulated the corporatepersonality applied for the first time in our country, but the confusion of personality isnot clearly provided for by the law. It was obviously difficult to meet the complexjudicial practice only depended on the two principles of the law, which produced avariety of problem in our judicial practice of recent years. Therefore, the applicationof the confusion of personality exits many difficulties in our country, the author willelaborates it in the first part of the article. First of all, the confusion of personality islacked theory now. We have no relevant laws about the confusion of personality, alsohave no basic theory about it. To solve this problem, the author learned theapplication of the confusion of personality from the United States and Japan,including their basic theories, rules and applications, and analysis the universalprinciples and rules. The author will elaborates it in the second part of the article.Second of all, there have no united standards of the confusion of personality in ourcountry, therefore, there is a huge challenge to the judge in the judicial practice.According to the courts’ judicial practice, there have some standards generalized andsummarized by the courts. To solve this problem, the author analyses60judgmentsfrom January1,2006to December31,2014, using the empirical analysis method,and summary the standard of the confusion of personality. The author will elaboratesit in the third part of the article. Finally, it is hard to apply the confusion ofpersonality not only because there is no united standard but also because we don’tknow how to use it. That is to say, even if we have a united standard of the confusionof personality, we have no idea when we can use it to deny the independentpersonality of corporation. To solve this problem, the author analysis the60judgments in category and analysis the confusion factors one by one. The author willelaborates it in the third part of the article. Besides, the author will also elaborate theconfusion of one-member Company and affiliated company in the third part of thearticle. The author will take the method of Issue-Rules-Analysis-Conclude, analysis theapplication of the confusion of personality. In the third part of the article, the authorsearches the keywords of “confusion of personality” in the Pkulaw from January1,2006to December31,2014, and there are60judgments about the confusion ofpersonality. The author analysis them on general, instance level of court, geographicaldistribution and standard. Chinese courts consider the factors of assets confusion,business confusion and institutional confusion to decide whether deny the personalityof company. We must analysis these factors substantiality rather than superficiality.We must make sure that the confusion has reached the point of damaging theindependent of the company. During the research, the author had a newer andprofounder comprehend about the confusion of personality in our country andunderstood the development trend in the field of judicial interpretation in the further.