On Improvement Of Legal Institutions On One-man Company

One-Man Company is owned by only one shareholder,so that constitutes challenge of the traditional company theory's mass organization character. Meanwhile,because its shareholder and the property of company are extremely easy to confuse,the transaction security will be disobeyed easily.At the beginning of One-Man Company,there are a lot of disputes about its status.Learning from the legislation of various countries,their manners about One-Man Company always experience three stages.At first,they generally forbidded One-Man Company.Second,they had some conditions to acknowledge lasting One-Man Company.At last,they acknowledge its legitimacy.After One-Man Company'law is firstly implemented in Liechtenstein,the system has been directly or indirectly acceptted by some developed economy countries in 80 years.Because One-Man Company doesn't have contradiction and conflict of the shareholder's benefit,it has overcome "the internal friction"of the limited liability company.And ti has the superiority of convenient estabilishment and law management cost that the general limitedliability company doesn't have.At the same time,compares with the personal sole-source investment enterprise,because the shareholders are protected by the limited liability,they can attract investment and promote the capital efficiency.So acknowledging One-Man Company's status becomes a international legislation tendency.In our country,since the first"Company Law"has promulgated in December 1993, One-Man Company's problem is always a question that the Legal Science and the Legislation argue continusly.But the "Company Law" holded a discrete manner to One-Man Company,except the state-owned sole owenership company and the foreign sole-source investment enterprise.In 2005 Revised Company Law has confirmed One-Man Company's legal status.Based on transaction security and protection of the creditor's benefit,it has made some specific stipulation about the establishment of One-Man Company,the organizations,the registrated capital volume,investing way,property auditing and the repudiating of legal's personality.But the legislation of One-Man Company in our country also exists some problems,such as supervises lack strength and the profection of creditor is imperfect.So that legislation has stipulated high established threshold and the capital request,bue is is still unable to guarantee the creditor's benefit and transaction security.Therefore,it should perfect One-Man Company' law system,such as let the setting condition of One-Man Company rational,establish inside and outside supervised mechanism and unify One-Man Company's intenal transaction.So that it can realize both encouraging investment and promoting capital efficiency ,while it doesn't harm the value orientation of transaction security.