论一人公司制度及其完善-民商法专业论文.docxVIP

万方数据 万方数据 Study on One-man Company of the legal system Abstract One-man company integrates wholly-owned enterprises and limited liability companies advantages in form of one of the new form of enterprise, which derives from investors pursuit of limited liability and not welling to co-operate with others, but to exclusive business interests by themselves, so that investors can maximum use of the principle of limited liability to avoid business risks that arise during running and to achieve the maximization of their own interests, which is a typical performance of capital profit-driven. Since it has many conflicts to the traditional theory of company law, one-man company faces many controversies from the beginning of being generated. Howevery, we can not deny the value and significance it makes in socio-economic development. China revised Company Law (hereinafter referred to as the new Act) in 2005.The one-man company was been made special provision through 7 clauses in Chapter 2, Section 3, which formally established its legal statusin China. The establishment of one-man company system greatly stimulates the enthusiasm of investors, promote private economic development and enhance the vitality of the market as well. However, because of its provisions are too simple and the operability is not strong, the system needs further improvement. Based on analizing the basic theory of one-man company system and the legislative and judicial practice made by foreign companies, this artical aims to make a few improvement suggestions for hoping to improve and perfect the one-man company system in China. Excepting the preface and conclusion, the text is divided into four parts: The first part is an overview of one-man company.The basic of one oen-man company is introduced. First is the introduction of its concept and III characteristics ,followed by analysis of one-man companys production and development; and the third is to analyze the causes of one-m