Study On The Recognition Of Property Commingling In The Corporate Personality Denial System

Property commingling is a core factor in determining the corporate law personality denial.The academia on the company personality denial system for indepth research and discussion,the formation of some theoretical framework and analysis methods,from the empirical point of view,the company personality denial system in the research articles are also common,but the property mixed with this substantive factors,has not yet formed a unified identification standards,resulting in judicial practice in the same case of different judgment is common,which greatly undermines the judicial credibility,and make the company law The function of personality denial system is greatly reduced.It is the central reflection of the company personality denial system and the key factor of the application of the system.Therefore,it is necessary for us to strengthen the study of the determination of property mixture.The identification of the property mixture in the company personality denial system is mainly from the subjective elements,behavioral elements,subjective elements and result elements of the four major aspects.However,in the legal provisions,there are fewer legal provisions on property mixture;from the viewpoint of trial practice,through the above four elements of the company personality denial system in the identification of property mixture there are also different reasons for the identification of property mixture,causal proof of ambiguity,the burden of proof of creditors and other problems.In order to solve the problem of property mixture in legal provisions and judicial practice,we try to put forward three major suggestions: First,to build a standardized system of property mixture,focusing on the core value goal of property mixture,aiming to make its application statutory,standardized and systematized,and focus on solving the problem of less legal provisions on property mixture.Second,to strengthen the role of judicial accounting in judicial practice,relying on the professional knowledge of judicial accounting,in the lawsuit of denial of legal personality to assist judges to determine whether the reasons for determining whether to meet the behavioral elements of property confusion,constituting property confusion.Third,the presumption of causation to reduce the burden of proof of creditors,to solve the problem of ambiguity in judicial practice of proof of causation.