英语论文网

use of company shareholders independent personality . As previously mentioned the disregard of corporate personality system applies the new situation , " the Act " does not specifically regulated . The only requirement for the company to evade debt applicable Disregard the case is too narrow , you can not give full play to the spirit of the laws of the system , thereby constraining the behavior of shareholders of the company , to protect the interests of creditors and the socialist market economic order , and is not conducive to a sound legal system in the United States and well developed .

3 , for the protection of the interests of creditors inadequate and insufficient social protection of national interests and the interests of

Two simple methods of corporate personality is difficult to clarify the legal significance has rich connotations denial system. "Company Law" article 20 provides that only "serious harm the interests of creditors of the company 's " abuse shareholders , only " should be jointly and severally liable for the company's debt ." As for the general behavior of the implementation of the shareholder damage , you do not need to take responsibility. Even if there is conclusive evidence that the abuse of the company 's shareholders of the company to implement an independent personality violations, so shareholders do not need to take responsibility. This is obviously unfair to the creditor .

Meanwhile, as a legal system , the use of corporate personality deny rules also need to protect the interests of the state and society . Because abuses can also cause damage to the Company's shareholders gold and social interests of national interest , in this case , we need laws and regulations to regulate the conduct and punishment , otherwise it will cause damage to the national and social interests.

4, 64 stakeholders easily abused , causing creditor abuse complaints

“Company Law" Article 64 provides: " A person limited liability company shareholders can not prove that the property independent of the shareholders own the property , the company shall be jointly and severally liable for the debt ." Which requires breaking the traditional "who advocates , who the burden of proof "litigation mode , meaning a person shareholders of the Company will bear the burden of proof. Which is a principle of general provisions , which has some difficulty in practice. As the one-man company in one of the features of the shareholders , but also prone to confuse the situation of the property . By eliminating the burden of proof , and therefore a very easy person to the company's creditors for the company's property cause of action , resulting in excessive litigation creditors , a waste of judicial resources.

5 , the unequal distribution of the burden of proof
New "Company Law" mode on the burden of proof applies only to a person 's case . As confused with other types of company property litigation model based on who advocate who is the burden of proof , the burden of proof on the plaintiff due to abuse of the independent shareholders of personality behavior. However, in practice it is difficult or even impossible to obtain creditors such evidence , even if the energy survey , presumably also difficult. In such cases the burden of proof to the creditors still in a weak position , is