Research On The Problem Of One-man Company Property Mixing

One-man company is a separate legal entity embodies the rights and obligations of the law,can in their own name in the external trading activities.China's "Company Law" regulates the behavior of a one-man company.There are special provisions in the establishment of a one-man company,financial auditing,etc.,but the regulate-ons are not mandatory.Shareholders often have the habit of arbitrarily disposing of company property and abuse of shareholders.Responsibility and the independent sys-tem of corporate legal personality damage the interests of all parties.Article 63 of the "Company Law" imposes stricter regulations on the one-man company's applicable legal personality denial system: no matter whether the shareholders have the intention to evade debt,as long as the shareholders can not prove that the personal property and the company's property are separated from each other,the company must Debt bears joint and several liability.The burden of proof is distributed to the shareholders,and the shareholders need to prove that the property is independent.In other words,it is to prove the negative fact that “property is not mixed.” This is inherently difficult.Therefore,the identification of one-man company property should be unified by a specific method,clear applicable standards,and seek a balance between protecting shareholders' limited liability and protecting the legitimate rights and interests of creditors.The standard of identification of the property of one-man company should be improved,and the basis for the strict examination and approval should be strictly examined.Carefully apply the corporate personality denial system,protect the limited liability of shareholders,and maintain the company's basic system.In addition,it should be clear that the joint and several liability nature of the shareholder is the joint and several liability,and the shareholder has not recovered the debt from the one-man company after repaying the debt.It also clarifies the scope of the company's debts under Article 63 of the Company Law and plays a role in safeguarding the rights and interests of creditors.