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On China's One-man Company Deficiencies In The System And Perfect

Posted on:2012-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:J M LiaoFull Text:PDF
GTID:2206330335956301Subject:Basic principles of Marxism
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Marxist jurisprudence places emphasis on that economic base determines the superstructure and the superstructure has reaction in economic base. No matter what time we do research on law, we will follow the basic economic law. The development of One-man Company is just the reflect of basic economic。Since One-man Company became legalized in 1925, many same companies appeared. In China, many experts and scholars have different attitudes on one-man company。While, after a few changes, One-man Company finally get legal recognized in 2005.Throughout the history of the company which developed from unlimited company to the two combined companies, then to Co., Ltd., limited liability company, and now to the one-man company, experienced a lengthy development process. In China, One-man Company developed less than six years since it became allowed. As a new system, there was a lot of problems in it. New "Company Law" has focus on the protection of shareholder rights, and weaken creditors rights. We need to research how to make a balance between the different rights.There are many questions in corporate governance and the denial system in Company Law lack interoperability...... All the problems need to be resolved. Through learning system design from abroad, we made efforts to improve the system in our country. Through analysis, I believe that the financial system should be regulated during the term that companies developed, and develop a special one-person accounting firm to monitor the company's financial matters. Meanwhile, I make a few suggestions to enhance its operability of the system. On the one hand, we should make emphasis on legal regulation, but it is more important to strengthen prevention. Various government agencies and financial institutions should be together to build a national network of credit system which could maintain transaction security.Paper is divided into six parts:The first part introduces Theory of marxist jurisprudence research company system guidance; The second part is an overview of the One-man Company about the nature, classification, characteristics, etc.; the third part is to explore the evolution of system through One-man Company development at home and abroad; the fourth part is to find out the direction for system through development in China; the fifth part is to learn foreign company legislation in order to make our system more perfect; the seventh part is giving some discusses on how to make further improvement on the corporate system.
Keywords/Search Tags:One-man Company, governance structure, deny the personality, the capital of companies
PDF Full Text Request
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