On The Rationality Of One - Person Company In China And Risk Prevention

One-Man Company whose shares or capital belong to one person. The birth of One-Man Company is a result of a company's internal operation mechanism, and it also meets the demand of social changes. Nowadays, One-Man Company's legal station has been established in the world.With the development of our country socialism market economy, to avoid the risk of managing, some investors set up de facto One-Man Company. Because this kind of company exists a lot of latent problems, it will bring disadvantageous result to the economy of our nation. Because we knew these actual problem which in the realistic life, in the meantime, we adjusted the development trend, One-Man Company's legal station has been established by our country. However, some scholars think that our country admitted One-Man Company is early at the current social law environment. This dissertation adopts comparison method to synthesize theories One-Man company existent rationality in our country and how to manage, based upon civil law and commercial law. This dissertation aims to explain bring One-Man Company into the orbit of the legal system, then we can manage it effectively, promote the development of the society economy.This dissertation consists of four chapters.Chapter I introduces the basic problem of One-Man Company. Including the concept ,the origin and the development of One-Man Company. The origin and the development of One-Man Company is come from the social economy development, On the other hand is come from people pursue limited liability.Chapter II introduces the attitudes about One-Man Company in Continental Law and Common Law, summarize the apocalypse of the lawmaking to our country by comparison method. For One-Man Company system, many countries in the world all experienced the process, from understanding and rejecting, conniving to the formal lawmaking to accept that system.Chapter III discusses the existent rationality of One-Man Company, sum up the negative attitude to One-Man Company, and carried on a discussion. Clarify the necessity that One-Man Company's legal station has been established in our company law.Chapter IV analyses the risk which has been bring to our society by One-Man Company(mainly is creditor's risk), in the meantime, discuss that how to manage One-Man Company.