Application Of Corporation Personality Denial System In China’s Judicial Practice

The company is an important organizational form in modern business dealings.In the field of modern corporatation law theory,the company’s independent personality and the limited liability of shareholders are the two cornerstones of the theoretical system of corporatation law.The existence of these two basic systems is largely It has promoted commercial transactions in China and made tremendous contributions to economic development.However,since 2013,China has lowered the threshold for setting up a company.At this time,if we insist on the absolute nature of the company’s independent legal personality and shareholders’ limited liability,in practice,a large number of companies will be established to make it a mask and use the mask.The limited liability system to evade debt and get rid of responsibility,this act of abusing the company’s independent status undermines the equitable consideration of fairness and justice in economic value objectives and moral values??when China establishes limited liability for shareholders in the Company Law.In order to balance the interests of all parties between commercial entities and avoid the abuse of corporation personality,the United States has established a system of“piercing the corporation veil” in the form of precedents,breaking through the absolute nature of independent legal personality and shareholder limited liability,andmaintaining shareholder promotion.There was a trade-off between trading and protecting the legitimate interests of creditors,and countries began to gradually establish the system.The corporatation legal personality denial system means that when the company’s shareholders or the actual controller of the company use some means to control the actual operation of the company for profit,and seriously damages the company’s independent legal personality,the law confirms the situation and denies the company’s independent legal personality.The actual controlling party of the company bears the legal system of corresponding responsibility.After China amended the "Company Law" in 2005,the company’s legal personality denial system was established in China in the form of legal provisions.However,the amendment was relatively conservative,and only the framework of the legal personality denial system was framed.Chinese scholars have done a lot of research on the corporatation personality denial system itself,but there is not much research on how to identify the phenomenon of personality confusion in judicial practice.I believe this will become a very important research area in the future,and these research results will provide valuable legislative opinions for the legislative revisions in the future.Personality confusion is the necessity to use the corporation personality to deny,and the accuracy of its identification directly affects the application of the corporatation legal personality denial system in our judicial practice.At present,in China,no matter whether it is in the field of judicial practice or in the field of theory,there is no clear definition of personality confusion,which makes many dilemmas in judicial practice.The most important one is how to apply the corporation personality denial system in judging personality confuse.In this paper,the author wants to study what is the standard for judging personality confession in China’s judicial practice.Using the method of empirical research,the author selects the case of the keyword “personality confusion” in the Chinese referee network to summarize and summarize the current China.The criteria are recognized in judicial practice,and the applicable dilemma of relevant standards in judicial practice in China is summarized.At the same time,through the study ofrelevant cases and legal basis in the United States,the objective basis for applying the corporation personality denial system in China’s judiciary is improved.In addition,there is no clear regulation on the issue of the responsibility of the company’s legal personality after the denial of the company’s legal personality.At the same time,there is not much discussion in the theoretical circle on the subject of responsibility,the form of responsibility,and the internal compensation of shareholders after taking responsibility.Therefore,the author hopes that This article discusses the issue on the basis of jurisprudence.