Research On One-man Company's Legal Regime Of Our Country

At first,one-man company started as de fact company instead of de jury one.The case of Salomon v.Salomon Co.Ltd.in 1897 confirms the legal status of one-man company in the United Kingdom.Since then,one-man company's legal station has been established either by legislation in many counties and areas. The new Corporate Law of our country has been enorced,not only establishes the legal staus of the one-man company,but also increases the special regulation about the one-man company.This is a embodiment of consistenting with the international legislation trend.Along with the establishement and the development of the one-man company in legislation,it initiates many new questions in the company law theory and the practice,this new question also make us knew that there are still many problems in our new Corporate Law.In Charter 1,the author analyses the disadvantage of the one-man company law which is the foundation of the other charter.In Charter 2,the author analyses the function of the registered capital.Point out that the capacity to guarantee of the registered capital to the company's debt is limited.Expands our company law pretend to rise the lowest registered capital amount to safeguard the creditor's benefit is very difficult to determine the anticipated effect.And then going a step further to elaboration the malpractice of the high registered capital.At least point out the improvement suggestion of the capital system of the company law. In Charter 3,the author analyses the function of the shareholder meeting, board of directors and board of supervisors of the one-man company.Point out the principle of how to set up the internal government structure of the one-man company.Also point out how to consummation the jurisdiction of the internal government structure.In Charter 4 is consummation the disregard of corporate personality of the one-man company.As the last defense of the disadvantage of the one-man company,the disregard of corporate personality is quite a strict responsibility system,it is very effective to protect the creditor.However,the company law of this section has many principled stipulation,which lack of actual operation space. Therefore,the author base form the face of our country,point out the constitution important document of the disregard of corporate personality.