Research On Risk Prevention Of One-man Company System In China

According to the general viewpoint of the Company Law theory, the company is an aggregate corporation for profit purposes which is set up by more than one joint venture investor. However, the mature and legal existence of one-man company was not an overnight success, it has gone through several stages of initiation, formation. And finally, its legitimacy was asserted by most of the countries in the world and was definitely prescribed in the form of legislation. In China, on October27,2005, the one-man company officially gets its legality in The Company Law of the People’s Republic China(revised in2005). The establishment of one-man company system helps to boost the investors’ enthusiasm, develop and perfect corporate institutions, and promote the market economic progress. The amending incarnated the responses of the law to the practical life, and it can be utterly regarded as an important breakthrough.But if you examine very carefully, we will find that the legislation related of one-man company of our country is too simple, and still has many deficiencies. However, when the role of one-man company in market economy was played to the extreme, its risks to creditors also increased significantly. If regulation is not good, it will harm the benefit of the creditors of the company and society, and even endanger the whole economic order. Therefore, it is very important for us to study the risk prevention system of one-man company, it will also consummate the legal regulation of one-man company, promote development of the social and economy.This paper is consisted of preface, body and conclusion, the body is consisted of four parts.In the first part, it focused on the principle of the formation of one-man company’s risk. First, one-man company of this paper is specially referred to one man limited liability company, it established the concept and characteristics of one-man company. Then, based on several aspects of the characteristic of one-man company, the uniqueness of the shareholders, the limitations of the shareholders liability and the particularity of the structure of corporate governance, the paper analyzed the principal risk of the one-man company and the reasons for the formation of the risk. Finally, it thoroughly described the rationality and necessity of the existence of one-man company.In the second part, the writer focused on introducing the experience the legislation of the one-man company risk prevention various countries on the world. For example in Liechtenstein, U.S., France, Germany, Japan and so on. By analyzing and examining the present legislation status on one-man company’s risk in overseas, for the purpose of learning some advanced legislation experience, and therefore, these make up for one-man company of china defects, it boost the development of our risk prevention system of one-man company.In the third part, the writer mainly introduce the relevant provision on one-man company risk prevention system of the new Company Law in our country. Then, compare with foreign-related advanced legislation, the writer recommends on the one-man company risk prevention system, and points out the defects of the existing Company Law of provisions of one-man company risk prevention system,which improve our country’s one-man company risk prevention system and sets up firmly foundation for perfecting Chinese one-man company prevention risk system.In the forth part, also it is an important part, chiefly tells the defects of our country’s one-man company risk prevention system. From the modification and perfection of the present legislation and relevant matching measures to solve one-man company risk prevention questions, the writer puts forward some suggestions perfecting the new company form, so that it can really adapt to our country market economy system.