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학술논문한양법학2010.08 발행KCI 피인용 2

중국 회사법상 1인회사 제도에 관한 소고

A study on the Chinese one-man company

송양호(전북대학교)

31호, 453~471쪽

초록

In Chinese company law, one man corporation is a limited company which consists of one employee - natural person or a single limited partner. To keep pace with the global trend that one man corporation is approved its existence for protection of investors and smooth company management, China added the regulation of one man corporation into the new company law in 2005. Chinese company law has gone through many historical phases and change. Since the reform and opening its door China drew global attention by switching social planned economic system to social market economic system and joining WTO on November 2001 to raise its status in the world market economy and accelerated the speed of economic development. Also in 1993 they set up and promulgated the company law during the 7th amendment of the constitution on market economic system. However, while drafting of the company law, conservatism and the existing old system didn't fit the reform and the market developing speed and became an obstacle of economic growth. Therefore despite the amendment on the company law twice in 1999 and 2004 each, the result was not desirable and ended up only partial amendment for a few provisions. In October 27, 2005, the 10th Representative Conference Committee of Chinese People passed representative the new company law in the 18th conference which was focused on first, company establishment conditions and securing investment, second, incompleteness of company control structure, third, protection of minority, fourth, issuing and transfer of stocks, fifth, company audit system. This dissertation is for examination of the amended company law in 2005, particularly the parts related to one man corporation in comparison with one man corporation under the commercial law of Korea.

Abstract

In Chinese company law, one man corporation is a limited company which consists of one employee - natural person or a single limited partner. To keep pace with the global trend that one man corporation is approved its existence for protection of investors and smooth company management, China added the regulation of one man corporation into the new company law in 2005. Chinese company law has gone through many historical phases and change. Since the reform and opening its door China drew global attention by switching social planned economic system to social market economic system and joining WTO on November 2001 to raise its status in the world market economy and accelerated the speed of economic development. Also in 1993 they set up and promulgated the company law during the 7th amendment of the constitution on market economic system. However, while drafting of the company law, conservatism and the existing old system didn't fit the reform and the market developing speed and became an obstacle of economic growth. Therefore despite the amendment on the company law twice in 1999 and 2004 each, the result was not desirable and ended up only partial amendment for a few provisions. In October 27, 2005, the 10th Representative Conference Committee of Chinese People passed representative the new company law in the 18th conference which was focused on first, company establishment conditions and securing investment, second, incompleteness of company control structure, third, protection of minority, fourth, issuing and transfer of stocks, fifth, company audit system. This dissertation is for examination of the amended company law in 2005, particularly the parts related to one man corporation in comparison with one man corporation under the commercial law of Korea.

발행기관:
한양법학회
분류:
법해석학

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