Improve The Legal System Of China's One-man Company

The article is a researchful thesis about the legislative consummation of Chinese One-Person Company. The thesis raises good advices appointing to the regulation of One-Person Company provided in the new Company Law of PRC by summarizing the theory of One-Person Company and contrasting other country's rules of One-Person Company. The essay includes four parts. The first part is general view of the legal institutions of One-Person Company. It talks about the definition of One-Person Company firstly. Then it introduces the varieties, the legal characteristics and basic principles simply. Lastly according to what the foregoing has said, it discusses the legal character of One-Person Company and challenge of One-Person Company to traditional company law. Because the first part is the basis of the following, some contents that the first part concerned to aren't specified. The second part mainly contrasts the legal rules of One-Person Company. By investigating the emergence and the development of the legal rules of One-Person Company, the author compares common law system's present legislation state of One-Person Company with civil law system's and then analyses reason of the differences, lastly sums up the significance of reference to the legislation of Chinese One-Person Company. The third part comments on legal institutions of Chinese One-Person Company. It narrates the development and the present condition of Chinese One-Person Company at first. Then it emphasizes on the analysis of present rules of Chinese One-Person Company. It affirms the positive meaning, at the same time points out the defects. The fourth part bases on the third part. It puts up the consummations aiming directly at the defects of the system design of Chinese One-Person Company from four aspects , namely, the establishment institution of One-Person Company, denial regime of corporate personality, the interior management structure of One-Person Company, the credit system of One-Person Company and the government supervision system.The thesis uses many ways, such as synthesis, contrast, theory in connection with practice and so on. It explores the best scheme of the legislative consummation to Chinese One-Person Company by studying the theory, combining Chinese current condition and learning the good experiences of the successful cases. The paper stresses the evaluation and analysis to the rules of One-Person Company provided in the new Company Law of PRCand indicates the defects that the confined purpose of the rules is too severe, the practical operation is too poor, whole content is too simple. Finally, the author puts up the system design to make the legal rules of Chinese One-Person Company perfect in accordance with the advanced systems of the foreign countries.