Company Personality Denial System in Trial Practice Utilization
|Keywords||Disregard of Corporate Personality Judicial practice Be applicable|
The Company's independent personality and limited liability of shareholders is the core concept of the Companies Act, is also building two of the cornerstones of modern companies. Shareholders only limited liability and business risk control amounts of capital, which not only stimulated the enthusiasm of investors, but also to promote the socio-economic development. But with the gradual deepening of the social market economy, in economic life, the shareholders of the Company to take advantage of the company's independent personality should market trading risk themselves onto others seriously infringe on the interests of creditors and public interests become increasingly apparent. Our current Companies Act introduces a corporate personality denied the system, which made an important supplement and perfect our corporate system. However, due to legal provisions more principled, leaving the system in trial practice applicable to certain difficulties. Practice a variety of company shareholders the case of abuse of corporate personality and quite hidden Therefore, we not only should the idea of ??the angle of the legislature to improve the regulation, but also should pay enough attention to the use of this rule from the law applicable to the trial level and in-depth discussion. The body consists of three parts, the first part of the departure from the theoretical study of Disregard of Corporate Personality, by our system of law Disregard of Corporate Personality Analysis, pointed out that the trial practice applicable corporate personality deny the difficulty of system analysis. Focus on the judge in the trial practice exists in the application of the system rejected the application of the prosecution and the preservation of property, wrong column or omission of the parties, applicable rules or inadequate application of the second part, the mechanistic understanding of the allocation of the burden of proof, and the abuse of corporate personality Denial System these five aspects of the problem and address these issues from a different point of view of the theory and practice of the analysis, asking the right to indictment, and applications for the preservation of property, to ensure stakeholders to participate in the proceedings, and the correct application of the rules, and flexibility in the application of the allocation of the burden of proof, to prevent the abuse of corporate personality deny the solutions to this problem. The third part is a combination of trial practice, summed up the general situation and the special circumstances of Disregard of Corporate Personality applicable in trial practice, while some of the more typical case encountered in the process of adjudicating cases., Disregard of Corporate Personality trial practice, provide guidance and reference. I hope through this article, the judge on a case-by-case trial, better use of the rule, investigated shareholders should bear the responsibility to realize this system of fair justice value targets, effectively safeguarding the health and economic order play certain role.