Reflections on the New Corporation Act
Yuan Bi-hua
Abstract
Yuan Bi-hua
Abstract
The new Corporation Act that was modified and passed in 2005 is a relatively mature law matching our nation's actual situation.But we can still find some obvious defects through reflections on the new Corporation Act: Unbalance of structure due to the incomplete legal approval institution should be adjusted; The law doesn't pay adequate attention to the medium and small scale business enterprises,autonomy and simplification should be highlighted in the limited corporation;Excessive ruling system of one-person corporation leads to the contrary choice easily.Meanwhile,actual difficulties can not be ignored in the application of corporation personality denial institution,and the balance of value between various institutions needs to be probed continuously.Transplantation of corporation personality denial institution seems to be surpassing vanguard,and a new positive defensive mechanism against abusing the corporation personality should be established.
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The new Corporation Act that was modified and passed in 2005 is a relatively mature law matching our nation's actual situation.But we can still find some obvious defects through reflections on the new Corporation Act: Unbalance of structure due to the incomplete legal approval institution should be adjusted; The law doesn't pay adequate attention to the medium and small scale business enterprises,autonomy and simplification should be highlighted in the limited corporation;Excessive ruling system of one-person corporation leads to the contrary choice easily.Meanwhile,actual difficulties can not be ignored in the application of corporation personality denial institution,and the balance of value between various institutions needs to be probed continuously.Transplantation of corporation personality denial institution seems to be surpassing vanguard,and a new positive defensive mechanism against abusing the corporation personality should be established.
Key concepts: Corporation, Denial, Institution, Law, Personality, Business, Autonomy, Corporate law