Analyze Corporate Personality Denial System In China

This paper first introduces the basic facts of the case, sum up three cases focus:Chengdu Chuanjiao Construction Machinery Co., Ltd., Sichuan Rui Lu ConstructionEngineering Company Limited and Chengdu Sichuan to trade limited liabilitycompany three companies whether personality confusion; Chengdu Sichuan crossingengineering machinery limited liability company and Sichuan Rui Lu ConstructionEngineering Limited company to Chengdu Sichuan cross industry and trade limitedliability company debt are jointly and severally liable; Wang Yongli, whether theindividual response to Chengdu Sichuan cross industry and trade limited liabilitycompany jointly and severally liable for the debts. Then the three focus of analysis,draws on case summary.Summary of disregarding the corporate personality, combined with the systemconcept and basic provisions of this. What is the meaning of this system, what is thedevelopment in history, its theoretical and practical significance in which problemsare discussed in this part.In this paper, then, introduces the current situation of the system in our country.First, is the disregard of corporate personality elements on system. Second, is theanalysis of China "company law" provisions of the relevant. The last is theIntroduction Company false capital, evading legal obligations, confusion ofpersonality three kinds of application of the system.Based on China, the system of legislation is formed initially, but there are manydefects, there is the lack of specific provisions, the concept of fuzzy and other defects,the author through the study of the most outstanding problems exposed in judicialapplication from the legislative and judicial practice, discuss to find out the system ofour country the problem.In the end, aiming at the defects of the system Chinese many existing in the twolegislative and judicial practice, puts forward related suggestions. That still surroundthe legislative and judicial, legislative norms to systematic, standardized judicial trial,so that the system can be in the concrete national conditions of our country graduallyperfect operation.