An Empirical Study On The Denial Of Corporate Personality In "One-Man Company"

Since its inception,the one-person limited liability company has been subject to controversy in the field of legal theory research and judicial practice due to its own particularity.The "Company Law of the People’s Republic of my country" promulgated by China clarifies the legal status of a one-person company in the form of legislation.With the increase in the number of one-person companies with economic development,the number of corporate personality application cases is also increasing.However,there are few current studies that have conducted empirical analysis on the judgment documents of judicial practice,and almost no statistical induction studies have been conducted on the denial of corporate personality in one-person companies.Therefore,this article adopts the method of empirical analysis to study the corporate personality denial system of one-man company.This article conducts research from five parts.First is the first part,the introduction part,which mainly introduces the background and significance of the topic selection of one-person company,the research status of theory and practice,the research methods of statistics and law,and the research methods of statistics as innovation points.In the second part,starting from the theory and legal provisions of one-person company and company personality denial,the two concepts are defined in detail;Article 20,paragraph 3(company personality denial)and Article63(one person The company’s personality denial)relationship is defined,and the different application situations of the two in judicial application are analyzed.Abstract the constituent elements of the denial of corporate personality from the legal provisions.The third part,based on trial practice,through studying the case of one-person company personality denial published by the "China Judgment Document Network",classifying the types of research,studying the current status of the trial of one-person company personality denial in different situations,and carrying out corresponding measures Comparative analysis to find out what tendencies exist in the denial of one-person company corporate personality in our country’s trial practice.The fourth part analyzes the dilemma of the one-person company ’ s application of the corporate personality denial system.From the dilemma of personality confusion,audit reports and forensic accounting appraisal,it analyzes that the denial rate of the one-person company’s corporate personality denial system is too high and there is no legal requirement.Difficulties in operability and personality confusion.The fifth part is improved from many aspects.It is recommended to refine the relevant system of one-person company corporate personality denial,add judicial interpretations and introduce guiding cases,clarify the connotation of keywords in legal regulations,etc.,and judges need to pay attention to the use of judicial accounting evaluation conclusions The problem.