On Perfection Of One Company's Legal System

With the prosperity of the commodity economy, the corporation became the major participant of the market economy. With the practice of the corporation especially the system of limited liability and the expanding of the personal capital, the substantial one-man company became a important mode to participate the market economy, in order to conform the trend of the history, the continental law family and the common law family confirmed the legality of the one-man company and practiced for a long time. In our country, modern enterprise system was brought out after the government decided to found the socialist market economy, lacking of the practice of the corporation legal system, and one-man company is so special that the former corporation law has no clause about the one-man company, but with the great prosperity of the socialist market economy and with the depth of the corporation, there were many substantial one-man company, accordingly the new corporation law confirmed the legality of the one-man company.Although the new corporation law confirmed the legality of the one-man company, some system of one-man company are too simple, even not practical.The one-man company has just one shareholder and this shareholder has great power and its internal and external supervision system are not developed, there is great possibility for the shareholder to abuse the power to undermine the independence of the corporation personality and the invade the legal interests of the creditor.In addition the minimum registration of capital is not reasonable for one-man company.The minimum registration capital of the limited corporation is30000yuan, but100000yuan for one-man company, which is obviously not fair for the one-man company. And the capital maintaining system and the anniversary auditing system are not practice. These may make the one-man company can not play its role in the socialist market economy.In order to make one-man company play its role in the socialist market economy, the law should make the one-man company system better from the following perspectives.Firstly,make the capital system better, including the system of reserve, the system of capital maintaining and the system of registration. Secondly, make the auditing system better, and lastly, take the substantial one-man company and the negativity of the personality of one-man company into consideration.