一人有限责任公司的缺陷及防范

A Research on Defects and Prevention of Sole-owner Company

一人公司被立法的确认有其深厚的法理基础和经济基础,但也存在理论和实践的冲突矛盾。针对一人公司存在的法人治理结构失衡、债权人负效应的增加、信用风险凸显、设立门槛高、形式的单一、股东责任等问题,提出改进措施,以从制度安排上加以防范。

Sole-owner company was confirmed by the legislation, which has its legal basis and strong economic foundation, but also exists conflicts between the theory and practice. There exist some defects in the sole-owner company system,for example, sole-owner company of the corporate governance structure imbalance, the increase in the negative effect of creditors, credit risk highlighted, high-threshold of establishment, single form, responsibility of shareholders for issues. The author puts forword some counter-measures to prevent these problems from institutional arrangements angle.