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4 ) a clear onus

In practice, in accordance with the " Regulations on civil evidence " under Article 7 of the Supreme Court , in accordance with the principles of fairness and honesty , considering the time the ability of any actual proof , and distance and other factors relevant evidence to allocate the burden of proof provisions . Therefore, in order to protect the vulnerable groups for the purpose , not necessarily a strict allocation of the burden of proof , so long as the creditor can probably prove misuse of company shareholders of the company to implement the independent personality of violations, we should deny the regime applicable to corporate personality , or carrying the burden of proof responsibility upside down, it is not implemented by the company to prove abuse violations independent personality , which is implemented by limiting the burden of proof inversion principle.

( 5 ) the trial court level and improve judicial oversight mechanisms judges , improve the judicial system is recommended

New American "Company Law" Disregard the company only made the principle of the system , also need to apply for a specific judge's discretion , and therefore the quality of the judge's personal business for a fair trial of the case has an invaluable role for the realization of social The fair is also of great significance. In judicial practice, for violation of administrative law, criminal law should be the case for judicial recommendations for comprehensive use of various judicial means , to maintain the market economic order , promote the improvement of the U.S. corporate system.

As we all know , the company as a form of basic organization of modern enterprise system , is a great invention . Company system to encourage investment , promote economic development and social progress has played a huge role. Corporate existence of the system , so that humanity can effectively gather together the dispersed of wealth and manpower , to achieve a single capital is difficult to achieve economic goals , meet those using new technology , new equipment is also the demand for high- risk , high investment development of the industry , adapted to the needs of social and economic development of the productive forces . The company plays such a huge security features two independent personality lies in the status of a limited liability company and the shareholders of principle , we can say that this is the cornerstone of both the modern corporate system. So , not a last resort , never waver in this two, otherwise there is the danger of a fundamental shake even the entire market economy system throughout the company will eventually be wasted. Based on this value considerations, Disregard of corporate personality needs to meet certain conditions :

1 Prerequisites : The company must comply with the conditions established by law, and has made legal personality. If the Company has not established or set up defective , it can not be denied as a corporate personality object .
2 , the main conditions : First, the idea of corporate personality who denies the abuse of legal personality means that the creditor suffered damage , followed by abuse perpetrator independent personality , which can be controlled shareholder actual behavior , it can be the mother of abuse of dominant position head of the company .
3 , the behavior of elements: the shareholders have th