Author(s)

Yiming Xie ¹

Affiliation(s)

¹ School of Political Science, Law and Public Administration, Yan'an University, Yan'an, Shaanxi, 716000, China

Corresponding Author

Yiming Xie

ABSTRACT

A new amendment of the personality denial rules has been made in the new Company Law. According to the content and trajectory of the new law, the purpose of the new Company Law may be to expand the application scope of one-person company; and to apply the special "personality denial system" of one-person company to all forms of one-person company. The purpose of this revision reflects the limitations in the scope of application of the personality denial system of the original Company Law. In the face of the changing economic market, it cannot effectively protect the rights and interests of creditors. And the new "Company Law" optimizes and integrates the system of piercing the corporate veil, also reflecting the significant demand for the application of this system in judicial practice. This paper will analyze the development direction of the current legal personality system through the overview of the legal personality denial system and comparing the differences between the old and new legal personality denial system.

KEYWORDS

Legal Personality Denial System, Article 23 of the Company Law, The Burden of Proof Is Distributed to One Company

CITE THIS PAPER

Yiming Xie, An Analysis of the Corporate Personality Denial System under the Vision of the Company Law—Comment on Article 23 of "Company Law of the People's Republic of China" . Science of Law Journal (2024) Vol. 3: 164-169. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030420.

REFERENCES

[1] Feng Xu. Analysis on the Application Bottlenecks of Legal Person personality Denial System, Legal System and Economy, no. 10,2020, pp. 104-105.
[2] Cui Xiaoyue. An Analysis on the Denial System of Legal Person, Guangxi Quality Supervision Guide, No.2,2021, pp. 242-243.
[3] Li Jianwei. Overall Review of draft Company Law (Third Review Draft), https: / / mp.weixin.qq.com/ s/AfaZHXKZoQWiOuU7dp8U8Q. Last accessed: 30 April 2024.
[4] Gu Xiaowen. The Specific Application of the Legal Person Personality Denial System in China's Judicial Practice (Master's dissertation), Suzhou, Soochow University, 2019.
[5] Zhang Zeyu. Thinking and Outlook on the Corporate Personality Denial System, China Price Regulation and Anti-monopoly, no. 10, 2023, pp. 35-39.

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