Analysis Of The Legal Issues Of China's One-man Company

At the beginning, the one-person corporation was not in the corporation law adjustment scope. With the development of social economy, permitting the one-person corporation has become the development tendency of corporation law in the world. Since the case that Salomon sued Salomon Co. Ltd. established one-person corporation's legal person status by the case law in 1897, and the "Natural Person And Company Law" stipulated one-person corporation's legal status by the statute law in 1925, a large number of countries has permitted one-person corporation's legal status , which manifested the one-person corporation's superiority as well as the modern corporation law's enterprise maintenance principle.Under the world background of bringing one-person corporation into the scope of corporation law, the new revision "Corporation Law" of our country has permitted the one-person corporation. That will undoubtedly impel the development of our corporation law, comply with the world tendency, and, promote the development of small and medium-sized enterprises. Although the one-person corporation collects the merits of both sole-source investment enterprise and the limited liability corporation, it also has its disadvantages, so the legislation of one-person corporation need to be further perfected. Because of the particularity of the investor of wholly state-owned corporation, it can not promote the development of small and medium-sized enterprises significantly. Therefore, this thesis mainly analyses the one-person corporation whose investor is natural person or legal person.Everything has its development process, the one-person corporation system also has the root and the development process which it produces. Therefore, this article mainly uses the means of seeking the source or origin, with the domestic and foreign comparisons, and so on dynamic research carried on the discussion to the legal matter of the one-person corporation. This article comprises seven parts: Proposition to the concept of the substantive person of company; Elaboration of the meaning of establishing the one-person corporation; As well as the reason why permitting a person of joint-stock company is not yet needed at present; Discussion of the advantages and disadvantages permitting the one-person corporation in our country; According to the "Corporation Law" of our country, borrowing the experience of other countries for reference to perfect the one-person corporation system, thus brings the one-person corporation to continuous and healthy development, and becomes an active market body in the market economy actually.