一人公司法律监管制度研究
发布时间：2019-02-14 17:35
【摘要】： 我国于2005年10月27日,十届全国人大常委会第十八次会议通过了修订后的公司法,修订后的公司法2006年1月1日起施行。一人公司终于从幕后走向台前。一人公司虽符合时代潮流允许其出现,但是鲜为人知的是2005年8月28日全国人大常委会分组审议公司法修订草案时,多位全国人大常委会委员和受邀列席会议的全国人大代表建议,取消有关自然人可以设立一人有限责任公司的规定。一个自然人设立一个有限责任公司,所有权、经营权、决策权集中于一人,不可能形成公司治理结构。虽然国外普遍存在一人公司,但我国设立一人有限责任公司的时机尚不成熟。笔者认为,“一人公司”运行、监管风险的上述担忧是有道理、值得重视的,但因此就取消“一人公司”并否认其存在的合理性,未免又失之草率、有“因噎废食”之嫌。 本文在以经济法学理论为基础分析一人公司性质的前提下,从一人公司制度自身缺陷的个性角度入手,结合传统公司法的各类法律监管制度,对各项一人公司监管制度作了较为系统的分析。
[Abstract]:On October 27, 2005, the 18th meeting of the standing Committee of the Tenth National people's Congress adopted the revised Company Law, which came into effect on January 1, 2006. The one-man company finally came to the front of the stage from behind the scenes. Although one-man companies are allowed to appear in line with the trend of the times, what is little-known is that on August 28, 2005, when the standing Committee of the National people's Congress deliberated on the revised draft of the Company Law, Several NPC standing Committee members and NPC deputies who were invited to attend the meeting proposed to abolish the provision that natural persons may set up one-man limited liability companies. If a natural person sets up a limited liability company, the ownership, management and decision-making power are concentrated in one person, so it is impossible to form a corporate governance structure. Although there is one-man company abroad, the time of establishing one-man limited liability company in our country is not ripe. The author thinks that the above concern about the supervision risk of "one-man company" is reasonable and worthy of attention. Therefore, it is rather hasty to cancel "one-man company" and deny the rationality of its existence. On the premise of analyzing the nature of one-man company based on the theory of economic law, this paper starts with the personality of the system of one-man company, and combines the various legal supervision systems of the traditional company law. The supervision system of one-man company is analyzed systematically.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.291.91
本文编号：2422438
[Abstract]:On October 27, 2005, the 18th meeting of the standing Committee of the Tenth National people's Congress adopted the revised Company Law, which came into effect on January 1, 2006. The one-man company finally came to the front of the stage from behind the scenes. Although one-man companies are allowed to appear in line with the trend of the times, what is little-known is that on August 28, 2005, when the standing Committee of the National people's Congress deliberated on the revised draft of the Company Law, Several NPC standing Committee members and NPC deputies who were invited to attend the meeting proposed to abolish the provision that natural persons may set up one-man limited liability companies. If a natural person sets up a limited liability company, the ownership, management and decision-making power are concentrated in one person, so it is impossible to form a corporate governance structure. Although there is one-man company abroad, the time of establishing one-man limited liability company in our country is not ripe. The author thinks that the above concern about the supervision risk of "one-man company" is reasonable and worthy of attention. Therefore, it is rather hasty to cancel "one-man company" and deny the rationality of its existence. On the premise of analyzing the nature of one-man company based on the theory of economic law, this paper starts with the personality of the system of one-man company, and combines the various legal supervision systems of the traditional company law. The supervision system of one-man company is analyzed systematically.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.291.91
【参考文献】
相关期刊论文 前1条
1 谢获宝;黄娟;;企业经营风险及其来源分析——基于财务数据的分析[J];今日工程机械;2007年02期
，本文编号：2422438
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