On The Perfection Of The System Of Denying The Personality Of One-person Corporation In China

With the rapid development of socialist market economy,various types of companies are in the ascendant.As a new form of company operation,one-man company has been loved by small and medium-sized investors since it came into being,and has been recognized by all.However,because of the high concentration of shareholders' rights and interests and the lack of effective internal supervision,one-man company is easy to abuse shareholders Limited liability and the independent legal person status of the company infringe on the rights and interests of creditors.In view of this,while affirming the legal status of one-man company,the company law specifically stipulates that the system of denial of corporate personality regulates the rights of shareholders to a certain extent.In 2005,the company law for the first time stipulated the system of denial of corporate personality,which was a great progress of judicial practice at that time.Article 20 stipulated the system of denial of corporate personality of ordinary limited liability company,and Article 64 aimed at the system of denial of corporate personality of one person company.Compared with other limited liability companies,the abuse of shareholder's rights is more likely to occur in one-man company,so the denial of corporate personality system is particularly important.However,it must be clear that in one-man company,the limited liability of shareholders and the independent corporate status of the company are normal.Only in the case of abuse of shareholder's rights,can "pierce the company's veil" and blame the abuse of shareholder's rights Joint and several liability can not abuse the system of denying the independent status and personality of the company legal person,which will not violate the original intention of establishing the system in the company law.Although the company law regulates the denial system of one-man company's personality,the legal provisions are too principled,and there will be different judgments for the same case in judicial practice.Therefore,this paper attempts to further explore the denial system of one-man company's personality,find its existing problems,and try to put forward some feasible suggestions.This paper is divided into three chapters.The first chapter mainly introduces the current provisions of the denial system of one-man company's corporate personality,including the characteristics of one-man company,the value of the system of denial of corporate personality,the significance of one-man company's application of the system of denial of corporate personality and the application of the law of one-man company's denial of corporate personality.The second chapter introduces the problems in the application of one-man company's personality denial system,including the over principled provisions of the law,the unclear scope of the subject bearing the responsibility,the difficulty in identifying the significant lack of capital in the behavioral elements,and the unreasonable distribution of the burden of proof.The third chapter puts forward some suggestions from the legislative and judicial level,aiming at the existing problems mentioned in the second chapter.