Research on the Perfection of Disregard of Corporate Personality in Enforcement

Journal: Modern Economics & Management Forum DOI: 10.32629/memf.v2i1.282

Pu Wang

Anhui University of Finance and Economics, Bengbu 233030, Anhui, China

Abstract

China's current disregard of corporate personality system has several prominent problems in the mandatory enforcement procedures, such as different identification standards, difficulty in starting the enforcement procedures, and lack of supporting systems. Perfecting the application of the disregard of corporate personality system in the enforcement process can effectively alleviate the "execution difficulty" problem to a certain extent. In judicial practice, to solve the problem of difficult implementation of the main body of the company caused by the control of shareholders' abuse of the company's independent personality, on the one hand, it is necessary to improve China's company law and other related legal systems, formulate supporting standards, and incorporate the common circumstances of corporate legal personality denial into judicial interpretation. On the other hand, we should strictly grasp the scale in the execution procedure and deny the person who abuses the company's independent personality.

Keywords

enforcement, disregard of corporate personality, difficulty in execution, limited liability of shareholders

Funding

Research on the Judicial Application of the System of Disregard of Corporate Personality in Enforcement (Project Number: ACYC2019337)

References

[1] Susan Mary Watson. The corporate legal person. Journal of Corporate Law Studies. 2019; (1).
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[3] Watson Susan Mary. The corporate legal person. Journal of Corporate Law Studies. 2019; (4).
[4] Interfax. TOP NEWS:CBR to pierce bankers’corporate veil. Finance Weekly. 2020; (2).
[5] Sun Qinan. (2016) On the direct application of corporate personality denial system in civil enforcement. Master's thesis. Southwest University of Political Science and Law, Chongqing.
[6] Wang Shouchun. The application of the corporate personality denial system in the execution procedure. Academic Exchange. 2016; (12): 98-99.

Copyright © 2021 Pu Wang

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