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A Study On The Disregard Of One-man Company's Legal Personality In Our Country

Posted on:2011-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2166330332959250Subject:Law
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Since the company system came out it has become a popular investment tool for investors. In 2005, One-man company system was established in new"company law"in our county. One-man company is a kind of company in which the company's shares or capital contribution attributable to a single shareholder. One-man company is a product when the social-economic has developed to a certain stage.The introduction of one-man company system is conductive to deepening the reform of state-owned enterprises,implement the strategy of large companies and large enterprises,and to promote the optimical combination of state-owned assets and rational allocation。But there are many disadvantages in the respects of company's management and governance. As the one shareholder keeps the ownership, right of management and policy-making only to himself and within the company the behaviors of one shareholder lack of the external supervision from other shareholders.Therefore, in the new "company law" in respect of one-man company a number of special provisions are made in order to standardize the company's business conduct .As to the principle of disregard of one-man company's personality,there are many books or dissertations about it published abroad ,however in our country there exist only few dissertations and systematic theory addressing the subject yet. In this dissertation the author will try to make some theoretical innovations on this subject.This dissertation generally includes six parts:The introductory part is question's issuing. After describing the author's pupose to write this dissertation,this paper puts forward several questions,including how to use the principle of disregard of one-man company's personality in order to safeguard the social fairness and justice.Whether in Chinese"company law"should establish the case system or see cases as a source of law.These issues turn out to be research focus in the following chapters.Chapter one is the general interpretation of characteristics of principle of disregard of one-man company's personality in Chinese. It sketches the content and features of this principle.And in this section some comparations will be made between characteristics of principle of disregard of one-man company's personality and characteristics of principle of disregard of general types of company's personality in order to illustrate the characteristics of this principle.In Chapter two the specific analysis of disregard of one-man company's personality set up by a natural person in Chinese will be made.In Chapter three there is an analysis on characteristics of piercing the corporate veil in one-man company's set up by one legal man.Based on the three chapters above,in the chapter fourth firstly it presents some problems of the system of disreguard of one-man company's personality in Chinese,and then a number of legislative proposals are put forward in this section.Conclusion part is to summarize the whole paper.It argues that the system of piercing the veil of one-man company needs to be further improved in judicial practices.
Keywords/Search Tags:one-man company, disreguard of one-man, company's personality in Chinese
PDF Full Text Request
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