On Private Law Protection Of One-man Company’s Creditors

One-man company refers to the company which has only one shareholder. Compared with the traditional company, one-man company is lack of shareholders, thus fail to build board of shareholders and board of supervisors. Because supervisors can’t functioning well, one-man company’s shareholders have more opportunity to abuse corporate personality to meet its self-interest, and this can be very dangerous to the company creditors. The main purpose of this thesis is to explore how to protect the interests of the creditors more effectively under the existing system of civil law.In this thesis, the main content is divided into four parts.The first part is the particularity of one person company creditor protection and its legal basis. Through research, one can find the lack of supervision mechanism can be very harmful to the interests of creditors, and we must explore the solution based on the stakeholdertheory,corporate social responsibility theory and corporationpersonality denial theory.The second part is foreign company creditor benefit protection system. Through research, one can find that in order to protect creditor’s interests, more infromation of the company must be disclosed,shareholder’s actions must be carefully guided,other measures must be taken too.The third part is the situation we are facing in China.Through research, one can find that existing laws in China are not detailed, which leads to many problems such as creditors can’t get imfromation of the one-man company quickly.The last part is the solutions for better protection of creditors of one-man company in China. In this part solutions like allow creditors to hire supervisors for company are given to solve problems analysized in third part.