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The Research on Supervision of One-man Company
Author: YangJie
Tutor: LiuCheng
School: Guizhou University
Course: Civil and Commercial Law
Keywords: one-man company the theoretical of supervision the institution of supervision current situation of supervision perfection
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 142
Quote: 0
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Abstract
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One-person company is one kind of special company,which appearance brought great challenges to the legal person system of traditional company.Many countries and areas have carried on the legal rules and regulations to norm it.In 2006,"people’s republic of china law of corporation" becomes effective,which makes the special stipulation to it.This stipuation can comply with our coantry’s economy development and the world legislation tidal current,but also has some deficiency.One-person company of law system brokethrough the traditional that companies was corporation aggregate,so one-person company related to the construction of the legal system and perfect,will become the company law legislation and theoretical study of new topics.This paper is based on a theory of one-man company’s governance and analysis the present legal criterion of foreign companies,and the same time,in view of a company’s existing regulatory laws and regulations,in order to understand the inadequate of legislation.This paper is divided into five sections to describe.The first part is the research of necessity about one-man company in fundamental problem and supervision.It is mainly illustrate the exist ence of a company objectivity through describing the concept of features,as well as a development of it.Because a company is an objective existence having characteristics and its own inherent flaws that is different from ordinary,the research on supervision of one-man company is very necessary.The second part is based on the theory of regulation.It is mainly study on corporate governance theory,involving asymmetric information theory,the theory of incentive regulation,the transaction cost theory,risk theory.The aim is use basic theoretical seeking regulatory status which should be contingent to a company regulatory system designed to find a theoretical support.The third part is a company of foreign regulatory system analysis.This part is a summary about existing foreign company.Inspection in reconition of a national company,which is mainly taken on a method to monitor the company,and the more successful form of regulation.The fourth part is study on the status of corporate governance.Including the state of legislation and legislative shortcomings described.Part five is to improve the supervision of a company of its legislative thinking.It is mainly access the perfection of regulation,supervision and operation of the system personality to discuss.These legislations are expected to be beneficial to the legislative norm of one-man company of our country.
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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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