The Monitoring Mechanism's Improvement Of One Person Company In Law

The company supervising mechanism is the modern company system's organic composition part, its effective movement may guarantee that company's normal operation, protects the investor as well as the other benefit counterparts' legitimate rights and interests. One person company is a special kind of limited liability company, its organization system obeys "Company Law" the Limited liability company provision, but the Limited liability company general clause is take adjusts the multi-dimensional shareholder to relate as its primary coverage designs, like the company organization's establishment and so on many provisions are take the plural number shareholder as the foundation, this causes these provisions in front of a person of company not necessarily effective. In " Company Law" ,there is no specific requirement detailes about one person company supervising. It only requets one person company refer the main mode of the companies' supervisors board to oversee the supervision. Compared with limited liability companies, one person company has no board of Shareholders, and it can have no board of directors,no board of supervisors. But the board of directors and supervisors exist intricate relationship.So the actual effect is not satisfied. There exists such questions as the weakening supervision on the internal governance structure and system monitoring, serious problem of internal control, knowledge of information asymmetry, unclear external oversight of the main powers and responsibilities, lacking of monitoring capacity and so on. Thus, how to improve one person company monitoring mechanism has become a question that can not be evaded in the field of company law. The author believes that the methods to improve oversight mechanisms of one person company should not only consider the existing limited liability company from a reasonable supervisory system and effective integration,but also consider the special nature of one person limited liability companies to better co-ordination between the different means of monitoring the relationship. So first of all,the author analyzed the need for oversight mechanisms existence of one person company,then discussed the provisions of the current "Company Law" provisions of the monitoring system, pointed out the the problem existing in the current one person company monitoring, referenced and compared two Legals' oversight mechanisms of companies, and the author put forward the ideas about improving our country's monitoring mechanism of one person company through internal oversight mechanisms and external oversight mechanisms.The issues' purpose is to look for a suitable monitoring mechanism to integrate the situation of lacking oversight mechanisms of our country's one person company. Specifically speaking internal supervises stipulated that the independent supervisor, the independent director and the finance, the staff supervises; The outside supervision strengthens administrative, the audit and in creditor's surveillance and the bankrupt settlement strengthens the court and the procuratorate to a person of company's surveillance. Full text altogether five chapters, approximately 38,000 characters.