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我国对一人公司的取舍，是几十年来公司法领域激烈争论的焦点和热点。
一些学者认为在我国尚不健全的市场经济体制下，对一人公司的法律承认不应操之过急。但经历长期的论证和立法变迁表明，一人公司可使唯一投资者最大限度地利用有限责任原则规避经营风险，实现经济效率最大化。一人公司的完善适应我国建立现代企业制度的需要，其可充分保护一人公司股东和债权人的合法权益。由于一人公司对创业者和社会的发展起着重要的作用，我国在05年的公司法修改中正式规定了一人公司。然而，一人公司制度的确立是不是应该得到一致的好评尚未能成定论。毕竟一人公司引入我国还得需要适应我国的国情才能算是好法，而且其中存在的弊端也是值得广大学者和法律实务人士去探讨和研究。
一些学者认为在我国尚不健全的市场经济体制下，对一人公司的法律承认不应操之过急。但经历长期的论证和立法变迁表明，一人公司可使唯一投资者最大限度地利用有限责任原则规避经营风险，实现经济效率最大化。一人公司的完善适应我国建立现代企业制度的需要，其可充分保护一人公司股东和债权人的合法权益。由于一人公司对创业者和社会的发展起着重要的作用，我国在05年的公司法修改中正式规定了一人公司。然而，一人公司制度的确立是不是应该得到一致的好评尚未能成定论。毕竟一人公司引入我国还得需要适应我国的国情才能算是好法，而且其中存在的弊端也是值得广大学者和法律实务人士去探讨和研究。
最佳答案
To accept or reject one man company is a hot issue and major focus among the field of Company Law in the last decades.
Some pundits argue that it's too hurry to recognize the law of one-man company under the existing imperfect market economy system.
But long-time testification and alternation of legislation indicates
that one-man company can enable the sole investor to make the most of the limited resposibility to avoid running risks and to maximize the economic efficiency.
The improvement of one-man-company system may meet the demands of establishing modern enterprise system in China, which can fully protect the legal rights of one-man-company's shareholders and creditors.
As one-man company plays an essential role in entrepreneurs' and social development, our country officially defines one-man company in 05's revision of Company Law.
However, it's early to conclude that the establishment of one-man-company system deserves a prevailing praise.
After all, only when it adapts itself to China's state can it turns out to be a healthy law. While there are still some weak points left for many scholars and legal practitioners to study and settle.
提问者对于答案的评价：谢谢！
Some pundits argue that it's too hurry to recognize the law of one-man company under the existing imperfect market economy system.
But long-time testification and alternation of legislation indicates
that one-man company can enable the sole investor to make the most of the limited resposibility to avoid running risks and to maximize the economic efficiency.
The improvement of one-man-company system may meet the demands of establishing modern enterprise system in China, which can fully protect the legal rights of one-man-company's shareholders and creditors.
As one-man company plays an essential role in entrepreneurs' and social development, our country officially defines one-man company in 05's revision of Company Law.
However, it's early to conclude that the establishment of one-man-company system deserves a prevailing praise.
After all, only when it adapts itself to China's state can it turns out to be a healthy law. While there are still some weak points left for many scholars and legal practitioners to study and settle.
2007-4-20 22:42:42
回答者：xizili
提问者对于答案的评价：谢谢！
其它回答(1)
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Our country takes the shed to a person of company, is for several dozens years company law domain intense argument focal point and the hot spot. Some scholars thought in our country still under the imperfect market economy system, should not act with undue haste to one-man company's de jure recognition. But experiences the long-term proof and legislation vicissitude indicated that, one-man company may cause the only investor maximum limit to use the limited liability principle to dodge the management risk, realizes the economic efficiency maximization.One-man company consummates adapts our country to establish the modern enterprise system the need, its may fully protect one-man company shareholder and creditor's legitimate rights and interests. As a result of one-man company to entrepreneurs' and social development vital role, our country was revising generalissimo type in 05 years company law has stipulated one-man company . However, is one-man company system establishment should obtain the consistent high praise not yet to be able to become the conclusion. One-man company introduces our country also to have after all to need to adapt our country national condition to be able to be is good method, moreover existence malpractice also is worth the general scholars and the law really serves the public figure to discuss and the research. |
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