Analysis And Complementarity Of One-person Limited Company Management In China

Corporate governance is always a hot topic, which covers the governance model of one-person company, a derivative product of the traditional corporate system. At present, the governance of one-person company follows the traditional model of corporate governance. It can neither reflect the uniqueness of the one-shareholder structure, nor adapt to the changes other than the traditional corporate system, which results in the insufficiency of the relevance and effectiveness of legal system, and the flaws in practice.Based on the analysis on corporate governance and one-person company, and according to the uniqueness of the one-shareholder structure, this article brings forward a series of institutional arrangement for one-person company governance. It tries to place the governance of one-person company in the general situation of economic development, social environment, internal regulation and external limitation, and to establish a mechanism for the legal governance of one-person company, which not only reflects its intension of self-governance, but also abides by the laws and regulations. It tries to find in practice the connection between the state regulation and corporate self-governance, which prevents the weakening of market functions due to over-strengthening of state regulation, and avoids the disorder of market due to excess corporate self-governance.This article consists of four parts:Part I. Corporate governance. Briefly introduce various concepts and theories on corporate governance. Based on the introduction and analysis on some basic questions and relevant concepts, such as the goals, subject and object of corporate governance, then bring forward the author's understanding about corporate governance.Part II. Governance of one-person company. Briefly introduce the history of one-person company, the legislation attitude towards one-person company in various countries, the development of one-person company in China and the definition and characteristics of one-person company in Company Law. On this basis, make theoretical analysis on one-person company. Then, give brief introduction and remarks on the measures to one-person company governance in various countries.Part III. Governance of one-person company in China. Introduce and analyze the regulations on one-person company in Company Law of 1994. Then, introduce the measures to one-person company governance in the revised Company Law, and point out and analyze its absence and shortage.Part IV. Suggestions on improving the governance of one-person company in China. Briefly introduce the traditional corporate governance model. Then, point out some pairs of relationships that will influence the governance of one-person company in practice. Based on the above analysis, bring forward the suggestions on improving the governance of one-person company in China.