Study On One-Person Company From Theoretical And Practical Sides

One — Person company has been excluded from corporate law for a long time. But, with the development of economic and perfection of legislative technique, one — Person company has gradually become a trend of corporate legislation. And in China, only solely state — owned company and foreign one — Person company are authorized, which results in no systematic proisions for one — Person company and many defects in Chinese legislation and practice about one — Person company. My paper favors China should admit one — Person company completely and my paper studies one — Person company from practical and theoretical sides.My paper is divided into three parts, firstly, introduces one — Person company in basic theory, including its conception, characteristics, dividends and relevant terms in other countries; Secondly, illustrates China should establish one — Person company system, discusses rationality to admit one-Person comPany from theoretical and practical sides, Points out group is not the essence of legal Person, mass organization as Legal Person is a legal Person based on Person; capital credit is the essence of a company, and one-Person company can also have it; limited liability of shareholders does not depend on detachedness of ownership and management, admitting one investor enjoy limited liability will not damage creditors' profits that much. At last, analyzes why our country should admit one — Person companycompletely. In the third Part, points out some ideas on how to improve legislation on one — person company, then designs a protection system in accordance with it.