A Study On The Denial System Of Personality In Associated Companies

With the continuous development of market economy,the number of affiliated companies is more and more,but with the increase in the number of affiliated companies,they violated the contract,transfer property to evade responsibility behavior is more and more rampant.In order to protect the normal order of the market operation in order to protect the legitimate rights and interests of creditors,we can not turn a blind eye to this behavior,in the face of such a situation,the Supreme People’s Court on January 31,2013 announced the association of personality after the application of personality denial system The guidance of the case to the affiliated company after the occurrence of personality denied should bear the joint and several liability point of view,indicating that the association company personality after the application of personality denial system conditions and effects,which further improve the personality of our denial system.However,to some extent,the No.15 guidance case still exists some of the shortcomings,first of all,he mainly on the composition of the personality to do a specific description,but not the personality of the mixed interests of the creditors will cause serious damage Make a note.Secondly,in the Guidance No.15,it is said that reference is made to the use of Article 20,paragraph 3,of the Companies Act.However,in practice,the relevant application of Article 20,paragraph 3,of the Companies Act To reach agreement,from the judicial practice that the provisions of the article does not convince people,so it can not be in similar cases as a guide.Therefore,in view of this deficiency and according to the other problems existing in the judicial practice,the author puts forward some legal suggestions on how to improve the personality of the affiliated company.In this paper,the case analysis and concept analysis are used to study and study the legal personality denial system of affiliated companies,and some suggestions are put forward for the dilemma of facing the problem in our country at this stage.This article consists of five parts.The first part mainly introduces the specific case of the Supreme People’s Court No.15 case,the result of the referee,and the legal basis that the judge thinks that the three companies have the associated relationship personality and bear joint and several liability.In the second section of this section,the Supreme People’s Court No.15 to guide the case there are some shortcomings made a simple discussion.The second part discusses the basic theory of the case,the analysis of the basic theory of the personality of the affiliated company,and discusses how to define the four characteristics of the affiliated company and the affiliated company.In the second section,Based on the further elaboration of the concept of personality denial system and characteristics.The third part mainly discusses the four constituent elements of the system of personality denial of our affiliated companies,namely,the elements of behavior,the elements of the results,the subjective elements,the causal relationship,the second part of this part of the applicable corporate personality denial system should be how Responsibility for a detailed description.The fourth part mainly introduces the research and development status of the application of corporate personality denial of our affiliated companies,and enumerates the typical cases of the application of personality denial in the judicial practice of our country.The fifth part,this part is the focus of this paper,first introduced the two foreign system theory,namely,"reverse piercing theory" and "triangular piercing theory",and elaborated on these two systems for our reference Significance,in addition to China’s current personality system for the existence of the lack of proposed two other recommendations.