Analysis In Legislative Defects And Improvement Approach Of One-man Company In China

With the rapid development of The socialist market economy, a new product of The CompanyRevolution near these decades comes out called One-Man Company. It exists before de jurerecognition which always be knows as Brothers company, Couples company and so on. It is acommon legislative trend around the world to recognize the legal status which be made clearly byLiechtenstein law from year1925of the One-Man Company. In2005, our country introduced《Thecompany law of the People’s Republic of China》(hereinafter referred to as the new 《CompanyLaw》) which specified in the relevant system of one-man company. The new 《Company Law》have seven lows in one special section to limit the one-man company’s behavior and confirmedtheir legal status, which conform to the trend of international legislation, in a sense, also reflectedthe law of value, meet the legal construction in our country the objective need.From then on,one-man company did not have to hid and camouflage.Under the guidance of the law,it developedrapidly.Our country of one-man company’s legislation passed from negation to certain process, thenegative said and the sure said two aspects of the dispute has not yet stop. With the addition ofone-man company’s impact and challenges to traditional company law of the system, its’ theory ismore intense dispute. It is also because of these arguments, make the institution continuousimprovement and progress in a few decades, however, because of the inherent hysteresis and illnessof itself, make it appears some defects in the legislation. There are also leading some difficulties toa operate.Although our new 《Company Law》 admitted the one-man company and also it’s standardchapters, for a variety of reasons, it is also have some leaks for the legislation itself, whether in it’sestablishment stage or operation stage. These defects will make some disadvantage for the one-mancompany to develop well enough in practice. Also will bring some prejudice from others. Abovethese all become a stumbling block to the company.This thesis amounts to five parts. The first part expounds the basic theory and the legislationhistory. It expounds from the one-man company’s theory of nature, analysis the concept and itsproperties, classification, production and development. It introduces the legislation to the one-mancompany about the exploration history and the legislation development. The second part of thepaper expounds the defect of the one-man company’s legislation in our country, the defects of set upthe defect of the divided into stages, operation stage of the defects. The third part make somecontrasts between some developed countries and China company law system, specific analysisbetween China and developed countries it in legislation gap.And the fourth part of this article analyzes the causes of the defects. In the fourth part, summaries about searching the ways to perfectthe defects above mentioned.