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The System of Disregard Corporate Personality in Judicial Practice of China
Author: LiuJiaLing
Tutor: SongZhiHui
School: Shenyang Normal
Course: Civil and Commercial Law
Keywords: Company Disregard of Corporate Personality Judicial practice
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 185
Quote: 0
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Abstract
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The United States was the first creation of Corporate Personality Denial System, 2006, China established the system in the form of written statutes, several hundred years, scholars at home and abroad, for the discussion of the system has never stopped, can be said for the theoretical study of the system has been quite profound , so the theoretical aspects of this article the system will not go into. I believe that the moment deny that the system of corporate personality, the end result should be put on the judicial practice, and how to be able to play in the judicial practice, the superiority of the system is now should focus on the study of jurisprudence. This article deny the theoretical value of the system through the analysis of corporate personality, economic value, legal value, indicating the significance of Disregard of Corporate Personality System in China's corporate system. And judicial practice of the system through these years, summed up the lack of disregard of corporate personality system, make sound recommendations. The first part outlines the disregard of corporate personality system, specifically its concept to produce characteristics discussed legal value, at the same time introduce a legislative background and the relevant provisions of our disregard of corporate personality system, thus demonstrating Denial System theoretical significance. The second part, through case studies of Piercing the Corporate judicial practice, how to apply, especially with regard to the parties, cause of action, the applicable conditions, and applies the judicial practice. Specific analysis of the application of Article of our Piercing the Corporate law, to applicable legal personality denied the case especially in the one-man company. Part III Analysis of China's disregard of corporate personality system exposed inadequacies in the judicial practice, especially in practice, the recognized standard judicial practice, the parties on the issue, and the burden of proof do focus Analysis. The fourth part, the problems exposed in the judicial practice, sum up experience, denied that the system deficiencies and lack of judicial practice for our corporate personality, make relevant suggestions for improvement. Disregard of corporate personality system theory and the summary judicial practice since the implementation of the new Companies Act, we can find that our shorter \shallow, so in a perfect disregard of corporate personality system, there must be a lot of areas for improvement. This requires more depth theoretical study of the system, summed up the experience of the implementation of the civil trial and civil judicial practice. Of corporate deny that the system has many disadvantages, to improve its long way to go to be our new generation of legal talent.
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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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