The Legal Protection Of The Interests Of The Creditors Of The Company One

The legal status of one-man company was recognized by newly revised Company law in the year of 2005.Based on transaction security and protection of the interests of creditors, the newly revised company law has made restaurants lists on the establishment of one-man company, organization, registered capital, investment approach and the legal aspects of disregard specific provisions.As one-man company have been recognized by the legislation in the world, therefore, the problem of protecting the one person's creditors based on the special form of company has emerged as a major issue. Although New "Company Law" confirmed the validity of one-person company.however, in the protection measures for the creditors, failed to make the system of company law complete. Therefore, this paper tries to study and research the theory of one-man company, the legislation and practice from the point of the company to protect the interests of the creditors of a person's theory.This paper tries to research it from the necessity of protecting the interests of creditors, introduce the meaning of the one-man company and legal characteristics objectively. It is considered that is the inevitable result of economic development. One company has an independent personality, independent business, the shareholders undertake limited liability according to the amount invested. It is the legislation trend of recognizing the one-person company for many countries especially for the developed countries. However, when the legislation of one-man company protects the interests of shareholders, the simplified corporate structure, oneness of shareholder and the deficiency of corporate governance is certainly brought on a huge risk and impact on the interests of all creditors of the company. The strong power of the company on behalf of the interests of shareholders and the weak tendency of creditors change the original company vulnerable balance.Since the system of one-man company highlighted the threat to the interests of creditors, then it is particularly important to improve the interests of corporate creditors, therefore, the paper proposes the basement of protecting the interests of the one-person creditors from the theoretical level. Meanwhile, combined with the legislative measure of foreign companies and present legislation of our country, the paper emphasizes the suggestion of protection for one-man company creditors and proposes to identify and regulate derivative of one-man company, improve the corporate governance structure, maintain the system of strict capital adequacy, establish the board member and supervisor supervising system and recommend deep rock principle, In hope of reducing the risk of one-person company and taking advantage of this form of capital development,thus promote economic stability and development of the whole market.