The Study On The Liability Problems Of One-Man Company

The Company Act enacted by our country in Jan.2006 leaves a space for one-man company, and formally regulates one-man company through law. Now, over 40 countries, include China, recognize one-man company legally. One-man company is owned by a single shareholder, is easy to run and net costs is considerably low, so it is an important part of our country's market economy that can not be omitted. Actual one-man company by named shareholders has long been in existence before one-man company is legally recognized. There has now occurred an opportunity to regulate one-man company while recognizing this social practice.This essay began with the comparative analyzing of one-man company and limited company, and then raised special problems of one-man company's legal liabilities. The author, from practical aspects, gave out the efficient proposals to solve these problems based on detailed analyzing of one-man company's study home and abroad and several major theories in the academic fields of one-man company's legal liability.Part one, a comparative study of one-man company and limited company. This part listed out the characters of one-man company, and pointed out that it emerged along the river of history, could not be omitted in the market economy and was very important to our country's economy development. And then, compared with limited company, one-man company differed greatly in the registering process, running, shareholder and legal liabilities.Part two, problems of one-man company's legal liability. This part pointed out the flaws of one-man company's legal liability in the market economy after analyzing the management of company organs, the protection of company's creditors and self-surrogate problems.Part four, theories of one-man company's liability. This part analyzed one-man company's study home and abroad and several major theories in the academic fields of one-man company's legal liability in detail. Based on the previous study, the author pointed out the disadvantages of these theories.Part four, efficient proposals for solving problems of one-man company's legal liability. The author gave out the efficient proposals for solving problems of one-man company's liability derived from previous three parts' study from company's register, running and fulfillment of liability. During the running process, the liability of running and assurance of excess running should be considered. As the way to realize the company's legal liability, limited liability, equalized liability on fault and infinity liability on intent should be considered.