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一人公司的出现是经济发展和公司法制完善的必然产物,国外的立法和公司实践业已证明了一人公司的客观存在性。一人公司制度既有其有利的一方面,也有其自身的弊端。我国新公司法顺应经济发展的需要,明确认可一人公司的法律地位,并对一人公司的设立和运行给予相应规制,既顺应经济发展趋势,又维护公司法上的均衡,特别是对公司债权人的保护。但是,新公司法仍然存在一定的不足,需要加以完善。
The emergence of a one-man company is an inevitable result of economic development and improvement of the corporate legal system. Foreign legislation and company practice have already proved the objective existence of a one-man company. The one-man company system has its own advantages as well as its own drawbacks. The new company law of our country complies with the needs of economic development, clearly recognizes the legal status of a one-man company, and regulates the establishment and operation of a one-person company. It not only complies with the trend of economic development but also maintains the balance of corporate law, especially with the creditors protection. However, the new company law still has some problems and needs to be improved.