标签： 西安夜生活

　　International Online Report (Reporter lin li Ge Dapeng): Common prosperity is connected with the "big dream" of the Chinese nation at one end and the "small life" of every family and every China person at the other. The 20th National Congress of the Communist Party of China put forward that Chinese modernization is the modernization of common prosperity for all people. From the 20th National Congress of the Communist Party of China to the two sessions of the National People’s Congress, from rural revitalization to the reform of income distribution system, in order to continuously realize people’s yearning for a better life, China is on the road of modernization to achieve "common prosperity for all people". Chinese modernization, which has broken the myth of "modernization equals westernization", has also solved many problems in the development of human society and brought important enlightenment to all countries in the world, especially developing countries.

　　Millet, a Zimbabwean student, once asked the reporter: "How does rural revitalization bring ordinary people from poverty to common prosperity?"

　　The experience of many NPC deputies who are attending the first session of the 14th National People’s Congress in Beijing can just answer this question.

　　Before coming to Beijing to attend the meeting, Li Shiyao, a deputy to the National People’s Congress, was as busy as a bee, visiting and investigating at the grassroots level to understand public opinion; It is also necessary to sparse flowers and fruits, pick leaves and weed the strawberries of the cooperative, and prepare for mass production next month; At the same time, he is also guiding farmers to grow corn.

　　Li Shiyao is a villager in Zhongqing Village, Shuangjia Street, Zhongshan District, Liupanshui City, Guizhou Province. He is not only a famous local strawberry grower, but also a rich expert in the village. In recent years, he led the villagers to plant characteristic cash crops such as watermelon and fresh corn according to local conditions, and explored the use of modern high-efficiency planting mode to replace the traditional low-efficiency planting mode to help local people increase their income and get rich.

　　Nowadays, the villagers in Zhongqing Village are getting better and better from guarding a few acres of potato fields and relying on the sky to becoming cooperative members who earn more than 30 thousand yuan a year. Li Shiyao said with emotion: "(Speaking of) Chinese modernization, there is a saying called ‘ Agriculture has something to look forward to, rural areas have something to look forward to, and farmers have something to look forward to ’ . I think our greatest advantage is that we can use natural endowments to develop characteristic industries in rural areas. Through the development of characteristic industries, we can drive these folks to increase their income and employment, thus achieving high-quality development of rural areas and agriculture and ultimately achieving common prosperity. "

　　To be rich together, we should not only enrich one side of the people, but also make the "circle of friends" of common prosperity bigger and bigger. Yucun, located in Anji, Zhejiang, has passed on its wealth-making classics to more mountain villages. Yucun teamed up with 17 villages in 3 surrounding towns and villages to build a "Dayu Village" with high energy level, modernization and international style, and also formed a pair with 9 villages in Sichuan, Xinjiang and other provinces and cities for common development. Wang Yucheng, deputy to the National People’s Congress and secretary of the Party branch of Yucun Village, Anji County, Zhejiang Province, said: "Today’s Yucun is strong in village, rich in people, beautiful in scenery and harmonious in people. In 2022, the village collective economy reached 13.05 million yuan, and the per capita income of villagers reached 64,863 yuan. A drop of water reflects the brilliance of the sun, and a thriving China is displayed behind Yucun. "

　　At the beginning of 2023, a set of data of Zhejiang, a demonstration zone for high-quality development and construction of common prosperity, attracted people’s attention: in 2022, the per capita disposable income of rural residents in Zhejiang was 37,565 yuan, and the income ratio of urban and rural residents decreased from 2.37 in 2012 to 1.9 in 2022. In ten years, the national figure dropped from 2.88 to 2.45. Millet, a Zimbabwean student who has visited the rural areas of Zhejiang in depth, discovered the "mystery" on the road to common prosperity in Zhejiang. Millay said: "During my visit to Zhejiang, I found that it takes great efforts, the government and the people, and the whole society to unite to achieve such a thing (common prosperity). This is already felt in practice, and now China is on the road to common prosperity. "

　　Chinese modernization pursues not only "prosperity", but "common prosperity of all people". As Qin Gang, Foreign Minister of China, said during the first session of the 14th National People’s Congress, "Chinese modernization is the modernization of common prosperity for all people, which makes people not only materially rich, but also spiritually rich. Serving a few countries and a few people is not modernization. The richer the rich and the poorer the poor are not modernization. Spiritual emptiness and moral disorder are not modernization. People of all countries should have the right to equal development and pursue happiness. "

　　Martin jacques, a famous British scholar, once analyzed that the Chinese modernization of "common prosperity for all people" not only opens up many new possibilities for China’s future development, but also provides new ideas for solving world problems. Martin jacques said: "The modernization of the West has led to increasing inequality in many countries. Inequality has become one of the major problems of our time. If China can find a way to overcome inequality and solve extreme poverty, this fairer and more inclusive modernization will have a huge impact on the world. "

　　Common prosperity anchors the people’s yearning for a better life. To achieve the goal of common prosperity, we must first make the "cake" bigger and better through the joint efforts of the people of the whole country, and then correctly handle the relationship between growth and distribution through reasonable institutional arrangements, and cut and divide the "cake" well. Han Baojiang, member of Chinese People’s Political Consultative Conference and director of the Economics Teaching and Research Department of the Party School of the Central Committee of the Communist Party of China, put forward: "The so-called ‘ Cut and divide ’ , that is, in the field of initial distribution, we should not only talk about efficiency, but also pay attention to fairness; In the field of redistribution, the government should play a better role in balancing the distribution of social wealth, especially in the function of the tax system. Furthermore, how to prevent the unfairness in the intergenerational transfer of wealth. "

　　To realize the Chinese modernization of "common prosperity for all people", the most arduous and arduous task is still in the countryside. This year, the No.1 Document of the Central Committee also used large-scale deployment to promote the high-quality development of rural industries. Du Zhixiong, member of Chinese People’s Political Consultative Conference, secretary of the Party Committee and researcher of the Institute of Rural Development of China Academy of Social Sciences, said: "The problem to be solved is how to make good use of modern and cutting-edge science and technology to help our limited agricultural resources. In Report to the 20th CPC National Congress and in this year’s No.1 document, it is very clear that rural modernization is to enable farmers to live a modern life. Therefore, it is necessary to keep the modernization of agriculture and rural areas in sync with the whole modernization process. "

　　Kenyan expert on international relations, Adhir Cavens, believes that the ideas and models of Chinese modernization are worth learning from African countries. Dekheel Cavens said: "We hope to learn from China’s development experience. The idea of realizing modernization in China is to take care of everyone and not let anyone fall behind."

　　Zimbabwean youth have found the answer about development in China, and the wishes of NPC deputies from the fields will also come true. Not only that, according to the plan, by 2035, China’s per capita GDP will reach the level of moderately developed countries, and the income of more college and vocational college graduates, skilled workers and migrant workers will be improved, and the middle-income group will exceed 800 million in the next 15 years … … A vivid picture of Chinese modernization of "common prosperity for all people" is slowly unfolding.

CCTV News:According to the website of the Central Meteorological Observatory, the Central Meteorological Observatory continued to issue a yellow typhoon warning at 6: 00 on October 5. Typhoon KOINU, the 14th typhoon this year, was strengthened into a super typhoon last night (4th). At 5 o’clock in the morning today (5th), its center is located in the offshore sea about 25km east of Guluanbi, Taiwan Province, China, which is 21.9 degrees north latitude and 121.1 degrees east longitude. The maximum wind force near the center is 16 (52m/s).

It is estimated that "Little Dog" will move to the west at a speed of 10-15km/h, and will land or brush the southeast coast of Taiwan Province Island this morning (strong typhoon or super typhoon, 50-52m/s, 15-16), and then move to the north-north direction, and the intensity will gradually weaken.

Gale forecast: From 08: 00 on the 5th to 08: 00 on the 6th, there will be 6-8 winds and 9-10 gusts in most parts of the East China Sea and the waters near Diaoyu Island, east of Taiwan Province, Taiwan Province Strait, bashi channel, northeastern South China Sea, Hangzhou Bay, Zhejiang Coast, Fujian Coast and Taiwan Province Island Coast, including 9-12 winds and 13-10 gusts.

Precipitation forecast: From 08: 00 on the 5th to 08: 00 on the 6th, there will be heavy rain in the central and eastern parts of Taiwan Province Island, heavy rain in some parts of eastern Taiwan Province Island, and local heavy rain (250-320mm).

Defense guide:

1. The government and relevant departments shall, in accordance with their duties, do a good job in typhoon prevention and emergency rescue.

2. Water operations and passing ships in relevant waters should return to Hong Kong to take shelter from the wind, strengthen port facilities, and prevent ships from anchoring, grounding and collision.

3. Stop large-scale indoor and outdoor gatherings and dangerous outdoor operations such as high altitude.

4. Reinforce or dismantle structures that are easy to be blown by the wind. Personnel should not go out at will. They should stay in windproof and safe places as far as possible, so as to ensure that the elderly and children stay in the safest place at home, and the dangerous people will be transferred in time. When the typhoon center passes by, the wind will decrease or stay still for a period of time. Remember that the strong wind will suddenly blow and you should continue to stay in a safe place to avoid the wind.

5. Relevant areas should pay attention to prevent flash floods and geological disasters that may be caused by heavy precipitation.

　　One-person limited liability company has both the characteristics of traditional companies and its own advantages, which can stimulate investors’ enthusiasm and enthusiasm for investment, encourage investment and promote the development and prosperity of the whole social economy. The appearance of one-person limited liability company has greatly inspired the investment enthusiasm of investors, and it has greatly facilitated investors in setting the threshold and the internal structure of the company. Because one-person limited liability company has only one shareholder, the shareholder becomes the absolute controller of one-person limited liability company. The uniqueness of shareholders in a one-person limited liability company determines the particularity of its authority. The Company Law clearly stipulates that a one-person limited liability company does not have a shareholders’ meeting, which excludes its application of the relevant provisions on the convening procedures of shareholders’ meetings and the voting procedures of shareholders. One-person shareholders should make corresponding decisions in writing when exercising their functions and powers at the shareholders’ meeting, which is an essential obligation set by the Company Law to prevent one-person shareholders from acting arbitrarily and abusing their corporate personality. Although one-person limited liability company’s system has played a great role in economic construction, its institutional setup and system also have great disadvantages. The author focuses on analyzing the improvement direction of one-person limited liability company shareholder system from the perspective of one-person limited liability company shareholder system, and puts forward more measures and legal perfection that are beneficial to the development of one-person limited liability company.

　　First, the understanding of one-person limited liability company

　　As an effective mode of enterprise development, one-person limited liability company has been recognized by many countries in the world. To explore the shareholder system in one-person limited liability company, we must first understand the relevant characteristics of China’s one-person limited liability company from the following aspects:

　　(1) Shareholders and corporate structure of a one-person limited liability company

　　1. One-person limited liability company has only one shareholder, which is the most remarkable feature of one-person limited liability company. According to the traditional company theory, a company is a corporate legal person, which consists of two or more shareholders, while a one-person limited liability company has a single shareholder, and this shareholder holds all the capital contribution of the company, which is different from the corporate nature of traditional companies.

　　2. A one-person limited liability company has a simple organization. In view of the fact that a one-person limited liability company has only one shareholder, it is not necessary and possible to set up a shareholders’ meeting. Moreover, most of the one-person limited liability companies wholly owned by natural persons do not set up a board of directors, but only set up the post of executive director, and the shareholders themselves concurrently hold the post of executive director. In addition, except for a few companies whose general managers are held by people other than shareholders, most shareholders hold the positions of executive director and general manager of the company at the same time, which makes the company in a state where all shareholders, executive director and general manager belong to the same person. The organization of a one-person limited liability company is relatively simple.

　　3. Independence of personality of one-person limited liability company. One-person limited liability company, as an independent enterprise legal person, has an independent legal personality, and independently undertakes external obligations and responsibilities. Compared with sole proprietorship enterprises, sole proprietorship enterprises belong to unincorporated organizations and do not have legal personality.

　　4. one-person limited liability company’s liability and shareholders’ liability. One-person limited liability company, as a type of company, also has the basic characteristics of ordinary companies, that is, it bears limited liability to the outside world. A one-person limited liability company shall bear civil liability only to the extent of its company property. Shareholders are only liable to the outside world to the extent of their contribution to a one-person limited liability company. Unlike a sole proprietorship. Article 31 of the sole proprietorship enterprise law clearly stipulates: "If the property of a sole proprietorship enterprise is insufficient to pay off the debts, the investor shall pay off the debts with his other personal property." Moreover, Article 18 of the Law on Sole Proprietary Enterprises stipulates: "If an investor of a sole proprietorship enterprise clearly uses his family’s common property as his personal contribution when applying for the registration of enterprise establishment, he shall bear unlimited liability for the debts of the enterprise with his family’s common property according to law." This is also the biggest difference between a one-person limited liability company and a sole proprietorship enterprise.

　　Two, the characteristics of China’s one-person limited liability company shareholder legal system

　　Considering that one-person limited liability company is prone to abuse of legal person status by shareholders and damage to creditors’ interests by shareholders’ limited liability, China’s company law clearly affirms the legal status of one-person limited liability company, and at the same time, it provides a set of particularly applicable and strict legal rules, which have the following characteristics:

　　(1) Minimum capital and capital contribution rules. Article 59 of China’s Company Law stipulates that the minimum registered capital is RMB 100,000. The capital contribution stipulated in the Articles of Association shall be paid in full at one time. It stipulates a higher minimum capital standard and stricter capital contribution requirements than ordinary companies.

　　(2) The number of establishments and the regulation of subjects. Article 59 of China’s Company Law stipulates that a natural person can only set up a one-person limited liability company, and the one-person limited liability company cannot invest to set up a new one-person limited liability company. In this provision, the restrictions on the establishment of one-person limited liability companies in China are clearly defined, so as to prevent natural persons from using one-person limited liability company to evade debts and other legal responsibilities. A natural person can only set up a one-person limited liability company, and the one-person limited liability company can’t set up a one-person limited liability company again, which not only prevents natural persons from using the limited liability of the company to transfer and evade their responsibilities, but also protects the rights of creditors of the one-person limited liability company.

　　(3) Rules for company registration and publicity. Article 60 of China’s Company Law stipulates that the sole proprietorship of a natural person or a legal person shall be indicated in the company registration and stated in the company business license. The purpose is to make the third party have a clear understanding of the nature of one-person limited liability company, and to remind the third party of the credit of one-person limited liability company and the potential risks of trading with it.

　　(4) Special accounting and auditing rules. Article 63 of China’s Company Law stipulates: "A one-person limited liability company shall prepare financial and accounting reports at the end of each fiscal year and be audited by an accounting firm." Compared with the non-one-person limited liability company, the requirement that financial and accounting reports need to be audited by accounting firms is added, and the accounting audit requirements for one-person limited liability companies are further emphasized.

　　(5) Rules for the inversion of independent burden of proof of property. In view of the fact that a one-person limited liability company is completely controlled by one shareholder, it is prone to improper possession and domination of the company’s property, shareholder hotchpot and the company’s property by shareholders. Article 64 of China’s Company Law stipulates a special rule, that is, "if the shareholders of a one-person limited liability company cannot prove that the company’s property is independent of their own property, they shall be jointly and severally liable for the company’s debts". This paragraph is a typical inversion of the burden of proof, that is, someone else should be responsible for proving that the company’s property is not independent, but here the burden of proof is transferred to shareholders, who are required to prove that the company’s property is independent, otherwise the law will presume that the company’s property is not independent and severely criticize shareholders for taking joint liability for the company’s debts.

　　Third, the author thinks that the main problems in the shareholder system of one-person limited liability company in China.

　　(1) Shareholder setting

　　1. The new "Company Law" does not specify the governance structure of a one-person limited liability company in detail, except that it is stipulated in Article 62: "A one-person limited liability company does not have a shareholders’ meeting. When a shareholder makes a decision listed in the first paragraph of Article 38 of this Law, it shall be made in writing, signed by the shareholder and placed in the company. " Because one-person limited liability company is different from the traditional limited liability company, the traditional corporate governance mechanism should be revised through the legislative design of the governance structure of one-person limited liability company. However, in the new Company Law, this important issue has not been given due attention. Major European countries regulate the business executors, accounting supervisors, the convening procedures of shareholders’ general meetings, the exercise of the authority of the general meetings by individual shareholders, the effectiveness of resolutions made by individual shareholders, and self-dealing through legislation, so as to better safeguard the transaction security. Compared with this, the governance structure of one-person limited liability company in China is too simple, which is not conducive to the operation of the company, the protection of creditors’ interests and the maintenance of transaction security.

　　2. The new "Company Law" only stipulates that when shareholders make the decisions listed in the first paragraph of Article 38 of this Law, they shall be in written form, signed by shareholders and kept in the company. At the same time, there is no special provision for the board of directors and the board of supervisors of a one-person limited liability company, but according to the general provisions of a limited liability company, the board of directors and the board of supervisors may be established, and an executive director or one or two supervisors may also be established. Because the risks of a one-person limited liability company are mainly manifested in the confusion of shareholders and the company’s personality, hotchpot, improper operation of the company by shareholders, etc., we should make up for the lack of internal checks and balances mechanism by formulating a special governance structure model, amend the traditional corporate governance mechanism, and build a balance system of interests between shareholders and stakeholders in a one-person limited liability company. Many countries in the world have passed legislation to regulate the shareholders, accounting supervisors and shareholders’ decision-making procedures, the effectiveness of making resolutions, self-trading, etc. of a one-person limited liability company, in order to better safeguard the transaction security.

　　(2) abuse of shareholders’ rights

　　In the case that there is only one shareholder in a company, one shareholder can "do whatever he wants" to confuse the company’s property with the shareholders’ personal property, misappropriate the company’s property for private use, pay huge rewards to himself, conduct self-dealing with the company and so on, which makes it difficult for the company’s counterpart to know whether the object of the transaction is the company or the individual shareholder. Under the protection of limited liability, even if the company’s property is nominal, the one-person shareholder can still hide behind the company veil without being investigated by the company’s creditors or other counterparts. This makes the company’s creditors and other relative parties bear excessive risks.

　　Judging from the provisions, although Articles 20 and 60 of the new Company Law have stipulated this, they all have some shortcomings. Article 20 Although it is stipulated in principle that shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company. However, the requirement of this provision on the extent of serious damage to creditors’ interests is unclear, and the maneuverability in judicial practice is not strong. At the same time, it is stipulated that the purpose is to avoid debts, which obviously limits the application scope of the theory of disregard of corporate personality. Article 60 only stipulates that the shareholders of a one-person limited liability company shall be jointly and severally liable for the debts of the company when they cannot prove that the company property is independent of the shareholders’ own property. This means that the corporate personality of one-person limited liability company can be denied only when the property of one-person company is mixed with the personal property of shareholders. It is still difficult to determine how to apply it when one-person limited liability company abuses the corporate personality and uses the company limited liability system to evade legal obligations or avoid tort liability. Therefore, we should make more detailed provisions on how to apply the theory of disregard of corporate personality in legislation.

　　In a one-person limited liability company, all the power of the company is in the hands of a single shareholder, and due to insufficient internal and external supervision, it is easy for one-person shareholders to confuse the company’s property with shareholders’ property at will, or use the company’s property for private use, conduct self-transactions, guarantee or lend for themselves in the name of the company, or even use the legal personality of the one-person limited liability company to evade legal obligations or tort liabilities. In this way, the legitimate rights and interests of creditors will not be protected in time, and it will also have an adverse impact on China’s economic development, which will easily lead to a vicious circle and affect economic development.

　　Four, the author puts forward the following suggestions on the development direction of perfecting the shareholder system of one-person limited liability company in China.

　　1. The original intention of establishing a one-person limited liability company is to adapt to the current trend of economic development and promote economic development. However, the new company law prohibits natural persons from setting up multiple one-person limited liability companies and one-person limited liability companies set up by natural persons, which greatly weakens the motivation of natural persons to set up one-person limited liability companies and does not meet the proper meaning of the system of setting up one-person limited liability companies. The threshold for the establishment of one-person limited liability company in China is too high, which is not conducive to the regulation of one-person limited liability company by law, nor to the improvement of related systems of one-person limited liability company. For example, (1) The threshold for the establishment of a one-person limited liability company is too high. For the sake of efficiency, investors would rather make up a quorum to set up a general limited liability company instead of setting up a one-person limited liability company with extremely harsh conditions. As a result, there will still be a large number of one-person companies in the real sense in society, and the economic problems caused by the one-person limited liability company will still exist. Then the legislative purpose of the company law to recognize the legitimacy of one-person limited liability company is difficult to achieve. (2) One-man limited liability companies should not be blindly prohibited from investing in the establishment of new one-man companies, but allowed to set up new one-man limited liability companies conditionally, which is more conducive to standardizing one-man limited liability companies, perfecting the system of one-man limited liability companies and promoting economic development better. Therefore, I think the conditions for the establishment of a one-person company should be stipulated realistically.Natural persons can be appropriately allowed to set up multiple one-person limited liability companies, and one-person limited liability companies set up by natural persons can set up one-person limited liability companies.

　　2, the establishment of shareholders’ personal property and one-person limited liability company debt publicity system. In order to prevent the confusion between the operation of a one-person limited liability company and the business of a single shareholder, such as the complete consistency of business operations, the cross-use of company funds and shareholders’ living expenses, and the lending of company assets to oneself or for other purposes, it is necessary to establish a publicity system for shareholders’ personal property, and shareholders regularly publicize their personal property status to the company registration authority or the public to promote the complete separation of shareholders’ personal property from that of a one-person limited liability company. It can also make the information of one-person limited liability company’s self-transaction, related party transactions and so on public, ensure the independence of one-person limited liability company and shareholders, and thus promote the standardized operation of one-person limited liability company.

　　3. A one-person limited liability company does not have a shareholders’ meeting. One-person shareholders mean the shareholders’ meeting of the company, and the shareholders’ meeting of the company means one-person shareholders. Article 62 of China’s Company Law stipulates: "A one-person limited liability company does not have a shareholders’ meeting." Because the one-person shareholder of a one-person limited liability company grasps and exercises the power of the company, in order to avoid the confusion of the personal meaning of the one-person shareholder with the meaning of the company legal person, the company law also stipulates that when making the decision on the authority of the company, the one-person shareholder "should be in written form, and there are shareholders in the company". However, there is only one shareholder of a one-person limited liability company, and everything is decided by one person, and any idea of the shareholder can become his decision without a meeting. At the same time, it stipulates the right of revocation of interested parties. For a resolution that is not in written form and is kept in the company, interested parties may apply to the court for revocation of the resolution. This is to urge the shareholders of a one-person limited liability company to strictly abide by the legal procedures for making resolutions, punish the consequences of their illegal acts, and avoid the damage to the interests of interested parties.

　　4. A one-person company shall set up a board of supervisors by force, and shall make clear provisions on the appointment of supervisors. In the traditional sense, because the shareholders of a company are plural, even if there is no supervisory organ in it, its internal supervision can be supervised through the checks and balances formed by the conflict of interests between shareholders. However, if a one-man company does not set up a board of supervisors, the economic problems that may be caused by the government are by no means completely under the control of the government because of the lack of internal supervision mechanism. Therefore, the legislation can not fully apply the arbitrary provisions of the limited liability company on the establishment of the board of supervisors, but should take compulsory establishment measures. Another point is that in the appointment of supervisors, we must adhere to the principle that one-person shareholders who fully control the company do not serve as supervisors. Paragraph 2 of Article 52 of the Company Law stipulates that the board of supervisors shall include shareholders’ representatives and employees’ representatives in an appropriate proportion, of which the proportion of employees’ representatives shall not be less than one third. In a one-person company, where the shareholders are also directors or managers, it can be clearly stipulated that employees are natural candidates for the board of supervisors. Because employees are important stakeholders of the company, and their relationship with the company is relatively stable. The elected employee supervisors have the conditions to correct the company’s misconduct and protect the interests of employees and creditors through their understanding of the company’s operating conditions in their work. They should enjoy the right not to be dismissed or have their salaries reduced without a reason.

　　5. In judicial practice, the application of the system of disregard of corporate personality is very complicated, and it is difficult to enumerate this situation in both theory and law. Therefore, the future judicial interpretation should adopt the traditional judicial interpretation mode of civil law system which combines enumeration and generalization. To clarify the abuse of corporate personality and the degradation of corporate personality, we can consider making provisions in the form of enumeration to make up for the poor operability of the above legislation. In addition, the applicable elements of the disregard of legal personality of one-person company should be: first, the behavior of the actor abusing legal personality. This requirement emphasizes that the user of the corporate personality of a one-person company must abuse the corporate personality. The second is to damage the objective existence of facts. This requirement means that the abuse of corporate personality by the user of corporate personality of one-person company must cause harm to others or society. If the corporate personality user of a one-person company does not cause harm to others or society, even if there are abuses, such as setting up a "shell company", confusing the company’s property with shareholders’ hotchpot, confusing the company’s business with shareholders’ business, self-trading, etc., it does not constitute the applicable elements of denying the corporate personality of a one-person company. Third, there is a direct causal relationship between the abuse of corporate personality and the damage caused. This requirement requires that the injured party must be able to prove that there is a causal relationship between the damage and the improper behavior of abusing the corporate personality. Fourth, the actor is at fault. This requirement means that the actor has the subjective fault of infringing on the independent personality of a one-person company, abusing the corporate form and seeking illegitimate interests.

　　(Author: People’s Court of Fengxin County, Jiangxi Province)

Chery achieved contrarian growth, thanks to the fact that in recent years, Chery has jumped out of the thinking shackles of "science and technology men", improved the innovation ability of enterprises in science and technology and brand management, and improved its competitiveness in domestic and foreign markets.

Kunpeng DHT is super mixed, and technology empowers the power.

For car companies, the engine is called the heart of the car. With it, a car has the motivation to move forward, and car companies have their own competitiveness. From 1999, the first generation ACTECO series engine was completely independently designed and assembled, and in 2021, Kunpeng Power System with "all-field professional power solution" was launched. Up to now, the global sales volume of Chery engines has exceeded 9 million units, and a total of 9 engines have won the title of "Top Ten Engines of China Heart".

In fact, Chery’s powertrain products have long been more than just fuel engines. In recent years, new energy vehicles are the general trend, and as the most important step in the era of Chery 4.0, the hybrid of Chery Kunpeng DHT once again shows the leading edge of "Chery Quality".

The picture shows that on May 18th, 2021, Chery fully functional hybrid DHT rolled off the assembly line.

The picture shows Tiggo 8 PLUS Kunpeng e+

Chery has always regarded adhering to independent innovation and mastering core technologies as the foundation of establishing an enterprise and the core driving force of enterprise development. Kunpeng DHT super hybrid technology represents Chery’s persistence and persistence in technology. It is understood that Kunpeng DHT Super Power realizes a hybrid architecture driven by dual motors, with more explosive power, more obvious speed-up effect and more stable power output. It can realize nine high-efficiency working modes, such as single/double motor drive, extended range, parallel connection, direct engine drive, single/double motor energy recovery and driving/parking charging, and has the largest number of 11 combined gears in the world, which can quickly adapt to complex and changeable working environment and meet the multi-scene needs of users. As the first model equipped with this hybrid technology, the order of the Tiggo 8 PLUS Kunpeng e+ has risen strongly since the pre-sale, adding "Kunpeng Power" to the Tiggo 8 series, which is enough to be regarded as a dark horse in the hybrid market. The improvement of sales volume and word of mouth does not come out of thin air, but all comes from the confidence and confidence of Chery, a science and technology man.

Product iterative upgrade, big single product strategy re-strength.

In this consumption environment dominated by young people, excellent product strength and diversified product matrix are the heavy foundation to support user consumption. In this regard, Chery is quite sincere. Chery’s new car layout has not slowed down, and it also has bright spots in product renewal and upgrading, providing consumers with diversified choices.

Tiggo 8 series, the star model under the strategy of "big single product", has maintained a hot sales trend by continuously launching highly competitive upgraded models. From January to May, Tiggo 8 series contributed 62,439 global sales, up 4.7% year-on-year, effectively driving Chery automobile brand upward.

Flowers bloom inside the wall and smell sweet outside. Through the adaptive development of "adapting to local conditions" overseas to meet the diversified and quality travel needs of users, the Tiggo 8 series has also gained the "global love" of domestic and foreign consumers and become a "global car" that sells well at home and abroad. Data show that the Tiggo 8 series exported 17,587 vehicles from January to May, up 21.8% year-on-year. In some overseas countries, Chery products, represented by Tiggo 8, are also used as state-level reception vehicles, which shows the quality and strength of China brand. It is believed that the launch of hybrid new benchmark Tiggo 8 PLUS Kunpeng e+ and Tiggo 8 PRO, which focuses on young people, will add "Kunpeng power" to the Tiggo 8 series and help Chery Automobile to open a new championship era in the auto market in 2022.

The picture shows that on April 26th, 2022, the 500,000th vehicle of the Tiggo 8 series rolled off the assembly line.

If the Tiggo 8 series is the cornerstone of stable sales, then as another brand-new model in Chery’s "big single product strategy", OMODA 5 Oumengda will be another masterpiece to open up the younger market at home and abroad. It can be seen from the naming method that Ou Mengda is the first step for Chery to jump out of the thinking of science and engineering men. Compared with other models of Chery, Oumengda’s overall style is obviously more fashionable and bold. Whether it is a borderless net, slender headlights or a coupe-like side shape, it has changed the impression given by Chery SUV in the past and is more in line with the aesthetics of young users.

The tide running SUV Ou Mengda and the champion family Tiggo 8 series SUV are working together, and Chery has achieved comprehensive coverage of their respective market segments through this combination of boxing. Under the technical endorsement of "Science and Technology Man", while improving the product matrix, Chery also invested in a perceptual knowledge of young consumers’ in-depth insight, linking user needs with driving scenarios. Under this kind of thinking, it is reasonable to get more choices from consumers, and Chery in the future will definitely be more favored by young consumers.

Go deep into users’ minds and convey brand new connotation.

In the current automobile market, the younger development of consumer groups has become the general trend. When automobile brands carry out younger marketing in succession, new problems also arise. How to find a balance between "young expression" and "brand temperament" and start the journey of brand rejuvenation?

Can last forever in the market competition, it depends on the continuous surge and evolution of enterprises. In the era of brand rejuvenation, Chery’s solution is to stay on the surface, return to the concern of "people", communicate with them on an equal footing as friends, go deep into the spiritual world of the younger generation and truly reach the hearts of young people.

Based on the brand-new demand of brand communication in the digital age, Chery listens to users’ voices from multiple dimensions, such as service, marketing and brand ecological construction, and continues to provide users with a brand experience that exceeds expectations. Through product innovation and communication mode innovation, it goes deep into users’ minds and conveys the brand-new brand concept of "user-centered" of science and engineering men.

To this end, based on the insight into new consumer groups and new marketing forms, Chery has strengthened the "virtual" and "real" consideration of brands and users, and built online interactive IP including "Technology Zero Distance-Online Live Class" and "Truth Lab". On the other hand, continue to do the offline experience through innovative marketing activities such as "scenery in the mirror" and "enjoying the growth plan". In this alternate link between reality and virtual, Chery’s focus on users is not a direct output of interest value, but through communication and interaction with users, it conveys a younger, more scientific and dynamic brand image and realizes soft "planting grass" in a subtle way.

Under the interweaving interpretation of traditional lifestyle and new consumption proposition, Chery has been developing, and since 2020, it has actively explored new online marketing models, focusing on marketing innovations including e-commerce platform operation, online live broadcast and big data mining. For example, in May 2022, with the launch of the new Tiggo 8 PRO car, Chery Automobile joined forces with major network platforms, such as short video platforms Aauto Quicker and Tik Tok, e-commerce platforms JD.COM and Tmall, and 12+ APPs to create a live broadcast event of the car listing, and once again created a case of brand innovation marketing. The message of a Chery owner under the official blog was touching. "As an old owner, I was deeply moved by watching the whole live broadcast. Once upon a time, Chery, who was impressed by many people as’ only burying his head in making cars’, is not the same in terms of product quality or marketing innovation. It is hard for people not to love such Chery and make firm choices."

In terms of brand marketing strategy, in recent years, Chery has made a brand-new practice under the brand rejuvenation strategy, that is, setting up "personal design" for different models. If OMODA, which will be listed soon, represents young people who dare to speak and do, are fearless and constantly challenge themselves. Then the Tiggo 8 PRO, which was newly listed in May, is a representative of young people who are calm, confident, advocating technology and keen to explore. They are performance car enthusiasts and new technology fans; They are young and bold, and their eternal pursuit will make the impossible possible; They advocate high-tech, high-performance style design, and enjoy the driving pleasure brought by wisdom, civilization and technology, and these qualities and characteristics perfectly match the spiritual core of the whole Tiggo 8 family. The "people-designed" label not only strengthens the functional attributes of the product, but also perfectly fits the user characteristics and the concept of building a car, and strengthens the identity of the younger generation of car owners through emotional communication.

According to the data of China Association of Automobile Manufacturers, the sales volume of the automobile industry in May decreased by 12.6% year-on-year. Chery actively responded to various challenges and achieved contrarian growth. According to official data, Chery Automobile sold 63,978 vehicles in May, up 47.5% year-on-year, and exported 27,434 vehicles, up 41.1% year-on-year. From January to May, the cumulative sales volume was 277,838 vehicles, up 18.9% year-on-year.

What is really favored by the market is never luck. Spare no effort to invest in technology and consistently stick to it is Chery’s confidence; Strong technology-enabled products are Chery’s confidence; Taking users as the center and insisting on creating excellent experience for users is Chery’s intention. Chery, which has both soft and hard strength, has the power of high-energy explosion, and its sales volume and reputation naturally come naturally.