| Since the company system came out it has become a popular tool for investors. In Jan 1st 2006, one-man company system was established in new "Company Law" in China. One-man company is a kind of company which the company’s shares or capital contribution is attributed to a single shareholder. One-man company is a product when the social economic has developed to a certain level. The format of one-man company system is conductive to deepening the reform of state-owned enterprises; implement the strategy of large companies and large enterprises, and to promote the optimal combination of state-owned assets and rational allocation.But still there are many disadvantages in respect of company’s management and governance. As the one-company shareholder keeps the ownership, management and policy-making power only to himself and within the company the behaviors of one shareholder lack of the external supervision from other shareholders. Therefore, in the new "Company Law" deals with one-man company, a number of special provisions are made in order to standardize the company’s business’ conduct, as to the principle of disregard of one-man company’s personality. Anyhow it’s not easy to operate this rule in real economic disputes, and it’s not function very well. There are so many books or dissertations about it which published abroad, however in our country there exist only few dissertations and systematic theory addressing the subject yet. In this dissertation the author will try to make some theoretical innovations on this subject. The dissertation is about 30,000 words and is generally divided into four parts:Part One, the author general interprets the meaning of one-man company and the legal characteristics of the disregard of company’s personality, the disadvantages of one-man company, and then introduces the necessity of using the disregard of company’s personality to regulate one-man company.Part Two, the author sketches the applications of the disregard of company’s personality from different countries, and compares the differences of principles between those countries. And then introduces the development of legislation of the principle of disregard of company’s personality in China.Part Three, the author discusses the judicial applications of the specific issues formulated in term 64th of Chinese "Company Law", and sums the circumstances of how to operate the disregard of one-man company’s personality.Part Four, the author presents the problems of the system of disregard of one-man company’s personality in China, and then a number of legislative proposals which piercing the veil of one-man company needs to be further improved in judicial practices are put forward in this section. |
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