公司法人人格否认制度司法适用-公司法专业论文.docxVIP

1 1 Abstract This paper is aimed at investigating the juridical practice of the disregard of corporate personality in china. Besides the introduction, references, acknowledgments, the paper is divided into six parts .The first part introduced the ratio of disregards of corporate personality by court. Secondly, studying from four elements of the angle that the basic situation of the plaintiff, the basic situation of the defendant, the elements of conduct, the elements of results. Finally, the conclusion. According to the survey of ratio of disregards of corporate personality by court,the paper have found that: Firstly, the ratio of situation that the court upheld the disregard of corporate personality has been seen decreased overall, the ratio of upholding the disregard of corporate personality in eastern regions less than the central and western regions; Secondly, when the court make a judgment, it will consider the types of creditors, although this factor has little effect on the proportion of court upholding, when confronts involuntary creditors, the court prefer to disregard the corporate s personality; Thirdly, those cases involve the disregard of corporate personality mainly happen in those corporates which has the few number of shareholders and those limited liability company which are small, and the ratio of the disregard the corporate personality was observed an inverse relationship with numbers of shareholders and the size of company; Fourth, the court will tend to apply a variety of reasons to disregard the corporate personality, and the identification standard of each reason is high. Fifth, the accordance of the court to affirm the interests of the creditors has been injured severely is that the creditor can not get full pay from company, and most courts require that serious damage should have causal relationship with the abuses actions of shareholder. Keywords: disregard of corporate personality; abuse of the corporate personality; the protection of cedi