The Structure Of One-Man Corporate Governance Research

The new company law implements officially from January 1, 2006, the one-man company in this economic entities formally approved legislation.As an emerging market economy, the main body, one-man company has more advantages than the traditional companies, its unique governance structure, to the establishment of more convenient and relatively low administrative costs are conducive to the autonomy of citizens and businesses to encourage entrepreneurship, attract private capital to expand investment channels are conducive to social funds into the economy, and promoting economic development and increased employment.However, unlike traditional corporate form of organization than the one-man company's shareholders because of the uniqueness, traditional mutual restraint between the company's shareholders can not be reflected in the role, usually a separate shareholders, with himself as director, manager, and actual control of the company, the lack of a complex between shareholders and internal checks and balances between the three institutions. Thus, shareholders might be one person's property, personal property and mixed with, diversion of corporate assets for personal use, self-dealing transactions with the company, the names of companies or loan guarantees for himself and so on.A lot of people confuse the company's relatively difficult to figure out the object with whom the company or individual shareholder, so that creditors of the company or relative to bear the burden of excessive risk, which is not conducive to maintaining social and economic stability. The current company law, in reference to foreign legislation, based on the facts of our country, on the one-man company to make a corresponding norms, but compared to the ever-evolving one-man company, it seems that seemed a bit inadequate, and therefore, improve the structure of one-man corporate governance is conducive to give full play to one-man company's own advantages, so that the socio-economic development and make greater contributions, while for the protection associated with the legitimate rights and interests of a relatively important significance.Paper will first introduce some basic corporate governance issues, and then with a person's characteristics and the status of China's legislation on the structure of one-man corporate governance of the theoretical analysis, we found problems in the induction, propose solutions thinking.Paper the basic ideas and logical structure is as follows:The first Chapter is the theoretical analysis of the structure of corporate governance. Including the overview of the structure of corporate governance the one-man company overview and one-man company which exist in the meaning, for one-man company's legal existence of the nature of the controversy and so on.The tsecond Chapter is the structure of one-man corporate governance and theoretical analysis of the status quo. This is the focus of this article, including the structure of one-man corporate governance within the company's shareholders, the shareholders convened by the formation of the resolution process and shareholder resolutions necessary to create a record and signed by one shareholder, one-man company in terms of defects authority; one director's qualifications, selection, and the board of directors meeting and resolutions records, one-person company directors in terms of defects; one-man company supervisor qualifications, elected, convened and resolutions of the board of supervisors of the record, supervisory authority in terms of defects; the structure of one-man corporate external governance of the status quo analysis of financial monitoring system; publicity registration system; accountability mechanisms and so on. The third Chapter is the structure of one-man corporate governance consummation.This is another focus of this article, including the structure of one-man internal governance of the one-man company in authority; one-man company's board of directors; one-man company's board of supervisors, supervisors; one-man company's financial monitoring system; strengthen the publicity and, if necessary a written record of the registration system; one-man company's accountability mechanisms and so on.The main contribution of paper is:first, to explain the basic issues of corporate governance, comparative analysis of the structure of one-man corporate governance and the traditional corporate governance theory of the difference, clearly the special nature of the structure of one-man corporate governance; second, by order analysis, to give the legal status of one-man corporate governance will help to clarify the academic community in the structure of one-man corporate governance understanding of the legal nature of the controversy;third, analysis of one-man company at the present stage on the legislative status quo, while the relevant legislation with reference to foreign academic research results and clear our shortcomings and consummates the structure of one-man corporate governance.