Legal Researches On The Protection Of A Creditor's Rights And Interests In A One-person Limited Liability Company

In conformity with the development of modern market economies, many countries have confirmed the legitimate status of a one-person limited liability company in their corresponding company laws since 1980's. Our country also amended the Company Law in 2005 and worked out a special section to provide a relatively perfect set of regulations over a one-person limited liability company. For a limited liability company, as there is only one shareholder which wipes out the interactions between or among the shareholders, the legal personality is more vulnerable to be abused. Therefore, in order to protect a creditor's rights and interests, it is necessary to strengthen the balance control over a one-person limited liability company.Integrating theory with practice, synthesizing comparative jurisprudence, law interpretation jurisprudence and other research methods and referring to the theoretic achievements and the legislative experience in western countries, this dissertation conducts a comprehensive and profound review over the creditor's protection system in a one-person limited liability company in the new Company Law and further put forwards the related legislative proposals on perfecting our country's one-person limited liability system so as to realize the balance between the rights and interests of the shareholder and those of a creditor and maximize the value of the system of one-person limited liability company.