Research On The Institutional Interaction Between Legal Personality Denial And Bankruptcy Procedur

In recent years,in order to encourage entrepreneurship and stimulate economic development,the state has continuously relaxed and transferred profits from the policy and legal system,aiming to improve economic efficiency and bring direct benefits to economic development.However,in the context of loose policies,due to the lack of supporting measures to protect creditors,some disadvantages are gradually revealed.The emergence of the system of disregard of corporate personality is because it caters to the needs of creditor protection,inherently takes the maintenance of creditors’ interests as the value orientation,and prevents the abuse of corporate personality independence and risk barrier effect.When the company’s liability property is insufficient to pay off all debts,the bankruptcy procedure centrally arranges all the company’s property and pays off all creditors in equal amount.Therefore,it also contains and implies the conceptual basis for the maintenance and Realization of creditors’ interests.The legislative purpose of the disregard of corporate personality system is to prevent the abuse of the independent personality of legal persons and the limited liability system of shareholders.The emergence of its system is connected with the limited liability system,and the internal value basis is the protection of creditors’ interests.From the perspective of the purpose of bankruptcy system legislation,it is more inclined to realize the creditor’s rights of all creditors,reduce the cost of bankruptcy as much as possible,and improve the trial efficiency of bankruptcy cases,so as to reflect the principle of fairness and justice of the system.In terms of the legislative purpose of the two systems,they are consistent,and both take the protection of the interests of creditors as the value goal.The denial of corporate personality system and bankruptcy system have different development directions in corporate personality,but comparing the legal basis,value orientation and legal effect of the two systems,we can find that the two systems have a certain correlation in the specific system composition,behavior and legal application.It is this convergence of conceptual basis or value orientation that constitutes the deep legal principle of intersection,overlap or interaction in the design or implementation of specific systems.The core issue of this paper is to analyze the interaction between the denial of corporate personality system and the bankruptcy system.It includes the disputes encountered in the application of the two systems,the legal basis and value basis of system interaction,the consistency and difference of the role and effect of the denial of corporate personality system in civil litigation and bankruptcy proceedings,as well as its effect and role in bankruptcy liquidation,reorganization and reconciliation.The discussion is divided into four parts,as follows:The first part focuses on the problem of the interactive relationship between the disregard of corporate personality system and the bankruptcy procedure system,analyzes the parallel state and the possibility of intersection of the two systems from the perspectives of legislation,academic theory and judicial practice,and analyzes the legitimacy and necessity of the combined application of the two systems.The second part focuses on the mechanism of the interaction between the denial of corporate personality system and the bankruptcy procedure system.This paper analyzes the consistency and difference of the value basis,normative structure,commencement procedure and denial of corporate personality system between civil litigation and bankruptcy procedure.The third part focuses on the impact of the denial of corporate personality system on the bankruptcy procedure.This paper analyzes the legal basis of the application of the denial of corporate personality system to the bankruptcy procedure,the derogatory effect of the bankruptcy creditor’s rights,the gain of the bankruptcy consortium and the normative function of the bankruptcy of affiliated enterprises.The fourth part focuses on the impact of bankruptcy proceedings on the system of disregard of legal personality.Starting from the three bankruptcy procedures of bankruptcy liquidation,reorganization and reconciliation,this paper analyzes the different effects of these three procedures on the system of denial of legal personality,including the structural reversal of the repayment mechanism in the lawsuit of denial of corporate personality by the bankruptcy liquidation procedure,and the blocking effect of the bankruptcy reorganization procedure on the repayment period in the lawsuit of denial of corporate personality,Bankruptcy settlement procedure is a single aspect of the reducing function of the scope of debt in the lawsuit of denial of corporate personality.Taking the bankruptcy system as the background,this paper investigates the denial system of corporate personality,combined with the denial system of corporate personality,reflects the limitations of the existing bankruptcy system,and analyzes the improvement and development of the two systems from a new perspective.