Protection Of The Interests Of The Creditors Of A Company

One-Man Company whose shares or capital belong to one person started as de facto company instead of de jury one.The most distinguish difference between one-man company and common corporation is that one-man company has only one shareholder.The existence of one-man company has great influence on traditional company's group theory.Many countries established the one-man company's legal station to face up to more existence of one-man company,then one-man company has a quicker development.Our new Corporation Law,revised in 2005,has a special regulation on the one-man company.One-man company's particularity causes the traditional company creditor's legal protection system to adapt with difficulty to one-man company law adjustment need.Aiming at the problem,through to a various countries' one-man company creditor legal protection system comparative analysis,summarizes one-man company creditor benefit legal protection advanced experience,the concrete research discusses our country one-man company creditor benefit legal protection system the insufficiency and the flaw,and in this foundation proposed the author regarding consummates our country one-man company creditor benefit legal protection system the opinion and the suggestion.This article main text constitutes by four chapters.First chapter is one-man company to the creditor benefit impact.This chapter is for the purpose of explaining gives the special legal,protection to one-man company creditor benefit the necessity and the importance,the traditional company creditor legal protection system cannot be suitable completely for one-man company, must have the more effective special legal standard to give the rules and regulations to it,achieves the protection company creditor benefit the goal. Second chapter analysised other countries and regions about One-man Company creditor protection law practice.In Britain and the United States, despite the absence of clear legislation in One-man Company related to the protection of creditors,creditors will get more adequate protection.That is what we should use for reference.Liechtenstein,Germany,Japan and other civil law countries are more perfect in their law system,it is of great significance to China's legal practice.Third chapter is one-man company creditor protects the system flaw,had emphatically pointed out our country protects the aspect in one-man company creditor the insufficiency.It is a conspicous progress for the new Company Law setting up a system of five measures against the risk of creditors of One-man Company.However,the means of protection for creditors remain to be further improved to provide adequate protection,and also to achieve a company's value system.Fourth chapter is our country one-man company creditor benefit legal protection system consummation.This chapter take the third chapter as the foundation, through the summary and a model various countries one-man company creditor benefit legal protection system,specifically analyzes a present our country one-man company creditor benefit legal protection system existence the question,thus obtains consummates our country one-man company creditor benefit legal protection system the specific measures.