A Study On The Legal System Of One-Man Company

One-Man Company includes two kinds of configurations: One-Man company in form and in fact. The former is the object of this article's study. In contrast to the traditional configuration of company, One-Man Company has its characteristic in legal. According to the difference of ranking standard, One-Man Company has diverse forms. One-Man Company hasn't distinctly legal character of mass organization as legal person, because the company's all shares belong to one person. But it is not restricted to the traditional corporation theory to legal nature, and has the legal status by the direct affirmation of law. In the early corporation legislation in many countries, due to the limitation of the development of the social economy and the fear of disadvantages of One-Man Company, One-Man Company was strictly forbidden. But with the development of social economy, One-Man Company was playing an important role in the course of accelerating the development of economy. And it is becoming a trend to confirm the legal status of One-Man Company, which has been proved by legislation practice in many countries. In the actual corporation law of our country, it does not confirm the legal status of One-Man Company specially, and just regulate the state-owned investing agency and foreign businessman being able to set up One-Man Company. Thus means lots of fraud in our country's corporation law, and make against the acceleration of setting up our socialism market economy and rapid development of national economy. In order to make our social economy get enormous progress, it is necessary to affirm the legal system of One-Man Company in our country's corporation law, and it includes four factors: to mend the instauration rule of One-Man Company, to perfect legal person managing institution of the One-Man Company, to construct the control system of the operation of One-Man Company and to fetch in legalperson challenging legal rules to the One-Man Company system.