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Issue of Burden of Proof in the Company Law

Author: DiQing
Tutor: MouZuoZuo
School: East China University of Political Science
Course: Procedural Law
Keywords: Burden of Proof The basic principles of the Act The right to request analysis Disregard of Corporate Personality Shareholders ' right to know
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 99
Quote: 1
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Abstract


The Civil Evidence Responsibility across the field of substantive law and procedural law. Science and technology continue to accelerate the development of social architecture and the changing relationship between many new ideas also will continue to emerge and become the research of the burden of proof must take into account the value of leverage, so to further breakthroughs in a purely theoretical level to find a legal rule to solve once and for all prove difficult to achieve in a short time the issue of the allocation of responsibilities. That liability issues shall be transferred to the specific sectoral area of ??the law, that is to mature the burden of proof theory as the basis and analysis tools, the use of law hermeneutics, interpretation of specific sectoral norms Burden of Proof, legislative and judicial practice provide a useful reference. This article intends to use the relative maturity of the burden of proof theory (mainly in civil law), the existing Company Law of the People's Republic of China as the research object, prove the relationship of responsibility norms and corporate law, corporate law, the burden of proof allocation rules on issues such as the meso level, and then select the number of corporate litigation type specific analysis, the burden of proof issues of corporate law in this process, especially prove Some Thoughts on the allocation of responsibilities. The introductory part of the main topics of significance and of this writing, the purpose to be achieved. The first part analyzes prove responsibility norms related to the field of the specification of the Act and the Companies Act. First, an overview of the concept of burden of proof, the nature of the role of the object and the applicable conditions, then prove responsibility norms of substantive law jurisdictions property on this basis that the burden of proof specification is an integral part of Company Law norms, while the burden of proof specification can become a way of explanation of the Companies Act. The second part is the focus of this article, the field of analysis of the Companies Act Burden of Proof allocation rules. A brief introduction, followed by first proving the theory of the allocation of responsibilities in the burden of proof is on the basis of an integral part of the Company Law, pointed out that the legislative intent of the Companies Act and the basic principle is that the decision confirms the allocation of responsibilities should first consider the factors. A large number of claims from the Companies Act amendments analysis, we believe that the existence of these claims specification is said to be the foundation of corporate law the burden of proof to the reality of the allocation rules. The same time, according to the classification of closed and open, internal relations and external relations, specific analysis of the special rules of the Burden of Proof in different situations. The third part of the use of the first and second part of the analysis tools, a detailed analysis of Piercing the Corporate Litigation. This paper argues that in addition to the one-man company needs special consideration under the law, Piercing the Corporate proceedings the burden of proof should be distributed in strict accordance with the requirements specification that can not be free to the inversion of the burden of proof. The fourth part of the proceedings of the shareholders 'right to inspect the books focus on the Burden of Proof in the shareholders' right to litigation. Such proceedings to prove liability classification should be based on the degree of openness of the right to know the exercise of the object.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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