Research On The Paths Of Improving The Application Of "Disregard Of Corporate Personality" In China

Since disregard of corporate personality was legalized in China in 2005,it has been widely applied in judicial practice and has played a positive role for the protection of creditors.However,due to the abstract nature of the provision and the complexity of the cases,there are still many application problems,and there is no official response at the legislative and judicial levels yet.China’s academic and practical circles are actively looking for the solutions,but there are still many controversies.The company’s capital subscription system established in the new Company Law in 2013 brought about a far-reaching reform of the capital system.The liberalization of the subscription and the softening of constraints for company capital have had a great impact on the creditor protection system.Strengthening creditor protection and transaction security has become a top priority in the field of corporate law.As the last line of defense for the protection of creditors,the disregard of corporate personality is given a strong expectation for its effective functioning.However,there are still many application problems and these problems are more prominent under the new capital system.Therefore,the practical and proper solutions of these problems for the further improvement of the application of the disregard of corporate personality are urgent to be found after the reform.The thesis comprises four parts as follows:Chapter One mainly introduces the connotation of the legal person,disregard of corporate personality,and the new challenges brought by the company’s capital subscription system and raises the question:under the new legal background,how should we improve the application of the disregard of corporate personality in China further.Chapter Two analyzes the typical cases from the court judgments in recent years for a comprehensive understanding of the current situation of the application of the disregard of corporate personality in China and the finding of problems.Chapter Three mainly introduces the current academic and judicial practice of related issue in Germany,namely the Existenzvernichtungshaftung.Chapter Four is based on the above-mentioned chapters,given on the status quo of the application of the disregard of corporate personality,the academic controversy,the enlightenment of the development of the German system and the current legislative trend in China,puts forward the ideas to contribute to the development of application of disregard of corporate personality in China.