On Governance Over One-Man Company

As the core subject of Corporation Law theories, corporation management has long been the focus of the scholars. Being a junior, the writer aims at contributing some thoughts to this field. Generally, the research is based on the blueprint of corporation management in west countries, starting off from the establishment and right allotment of the organs and trying to find an effective way of management. Because of the western social background, the research usually neglects the research of related conditions. Therefore, in the totally different background of China, this theory may be appropriate in theory, but not in practical effects. Feeling for the above, the writer tries to do some research on how to avoid the undesirable effect mentioned. In the first part of the text, the writer categorizes the definitions for corporation management in theories, and gets to the conclusion that we should adopt the most extensive one in meaning. This definition not only takes in the related conditions, but saves margin for the research of one-man company management. Secondly, the writer discusses the basic modes and characteristics of corporation management, trying to explain that any institution comes into being on certain conditions, and in different backgrounds and different societies it is quite possible to find some more effective methods. Finally, the writer analyzes the two basic premises for corporation management, trying to fortify the opinions mentioned above and demonstrate that in our country the system of corporation management has more scope to exert its power. In the second part, the writer works at solving the problem one-man company and analyzing the reality of corporation management's existence. Because of different demands for capitals, modes of production and attraction of limited liability, the real existence of one-man company is unavoidable in our everyday life. When this kind of company has its real social basis, we should not deny it simply, but do our best to solve the problems arises. Furthermore, the writer analyzes the theoretical premises of one-man company, namely the need for great sum of capital and the need for legal identity. The writer argues that either natural person or legal person is an concept "manufactured" by scholars, according to some legal design. Legal person should satisfies two premise, namely the demand in reality and the demand in value. Moreover, only when it is within the scope of law, could it be regulated by law. All the logical points of start are the need in real life, not merely in theories. In the third part, the writer firstly compares the systems of one-man company in different countries to establish a standard and finds the difference between our country and others. The writer sets up a principle of protecting the debtor and a mode of combination. The before-hand regulation is the regulation of the name, the reputation, the mode of setting up, etc. The after-hand regulation is the identity denial system. In the last part of the text, the writer analyses other factors influences the system of corporation management, which comprise the market factors and cultural factors. To perfect all kinds of basic conditions can make the system of corporation management work more effectively and fruitfully.