The Research On Legal Problem Of One-man Company

Company is the uppermost organized form of the enterprise and the most important business enterprise in modern market-oriented economy system. But One-Man Company refers to the company whose share or investment capital belongs to a single stockholder. It is started as a factual form of company instead of a legal one. One-Man Company determines the risk and provides more flexible way in running business, avoiding dispute between shareholders, its legal station has been established either by precedent or by legislation in many countries.From the legislation of all countries, the attitude towards one-man company experienced generally from forbidding establishment of one-man company, gradually to admitting the exist of it and at last to the legitimacy of it. That is different from each other about the concrete provision of all countries. Company law in china provided one-man company system on October, 2005, which established the legal position of one-man company formally and made more explicit provision to it. This has played an important role in perfecting company law system in our country and promoting the development of our economy. But it is a legislative try for the very first time, there are some relevant provisions about one-man company currently which are not invulnerable and there are also some problems which demand perfect.This text analyzes advantages as well as disadvantages of one-man company system and the provision of our country' current company law to it, through analyzing the system of one-man company and researching related legislative comparison of main nation in the world, and puts forward a suggestion which in practice prevents the disadvantages of one-man company with the hope of contributing to the perfection of our one-man company system. The full text is divided into five parts. The first part: Start from the creation and development of one-man company, compare one-man company with other related business enterprise, and elaborate the characteristic of one-man company; The second part: Inquiry into the conflict of the one-man company with traditional company theory; The third part: Elaborate the related provision of all countries' law from comparison method of angle, and discuss the drawing lessons of lawmaking of our country from it; The four-part: Introduce the choice and current legislation of one-man company system of our country's law; The fifth part; Put forward a perfect suggestion to the cunent legislation of our country.