Study On The Protection Of Creditor Of One-man Company

Since the nineteen eighties, the objective needs of many countries in the world with the developmentof modern market economy, have legislation to allow the establishment of one-man company, admitted thelegal status of one-man company in company law. In2013, our country has revised the "company law", haspromulgated the new "company law". The new "company law" in the form of legislation clearly on theestablishment of one-man company allowed to take the attitude, provisions of the legal status of one-mancompany. And a special section to form (58day) to a human of company system more comprehensivestandards, prior to regulation of illegal behavior may occur under the system of one person company. Toensure the safety of transactions and to protect the interests of creditors of one-man company, the newcompany law on the establishment of one-man company, organization, registered capital, investment wayand the disregard of corporate personality, made specific provisions. Because the interactions between onecompany has only one shareholder has broken a number of shareholders, are therefore more vulnerable toabuse the company personality behavior, therefore it is necessary to enhance the people’s balance control,in order to protect the interests of creditors. The new "company law" although the legislation on thelegitimacy of one-man company has been confirmed, however, in to a human of company creditorprotection measures, the company law of our country does not do the system and complete. Therefore, thispaper tries to protect the interests of the creditors in terms of their discussion and research.This paper first analyzes the research background, the literature and the significance of thestudy content analysis summary. Then it puts forward the theoretical basis for the protection of the interestsof creditors of legitimacy from the theoretical level, and to a human of company concept makes a briefexplanation. Then according to the relevant legislation abroad to protect interests of the creditors as theresearch object, from the lowest capital system, the system of disregard of corporate personality, publiclyexpress system, prohibit the abuse of set system, financial supervision and auditing system and otheraspects of the experience of foreign legislation, analysis and interpretation. Then analyzes the legal systemof China on the protection of creditors of one-man company, founded by a person, company, the liquidationof three stages of the new company law related assessment of the legal system, and puts forward theexisting legal system to protect our people the creditors of the company in question, with relevant foreign legislation and the existing problems at the end of the article, the author puts forward the idea of perfectingthe legal system of one-man company creditor benefit protection, in order to protect the legitimate interestsof the creditors to. Our country’s one-man company and give full play to its advantages, to inject morevitality to the construction of our country socialist market economy.