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中国和新加坡一人公司:公司人格制度视角下的比较研究, Jianlin Chen, Rongjing Zhao
中国和新加坡一人公司:公司人格制度视角下的比较研究, Jianlin Chen, Rongjing Zhao
Jianlin Chen
中国和新加坡承认一人公司制度的时间和背景非常相似，然而中国的公司法制度下，一人公司被赋予明显区别于非一人公司的特殊制度安排，这与新加坡将两者之间的差别淡化处理的做法完全不同。在全球一体化的影响下，两大法系互相吸收融合的现象非常普遍。相比老牌英德等代表性国家，近年来新兴确立一人公司制度的中国和新加坡受法系融合影响尚小，可以更加清晰地体现两大法系的法人人格理论区别何在。本文通过对中国与新加坡一人公司制度的实体法规定，立法背景和法理依据进行分别研究，旨在比较理论和实务中两种制度安排的优势和弊端，取长补短，以此为一人公司制度的完善寻求新的法律途径。
Clash Of Corporate Personality Theories: A Comparative Study Of One-Member Company In China And Singapore, Jianlin Chen
Clash Of Corporate Personality Theories: A Comparative Study Of One-Member Company In China And Singapore, Jianlin Chen
Jianlin Chen
China accords the one-member company special treatment distinct from the normal company. This is in sharp contrast with Singapore's indifferent attitude towards one-member company vis-à-vis normal company. This paper critically examines these two distinct approaches including the respective substantive rules, legislative background and underlying jurisprudential theories. The respective advantages and limitations of the theories / approaches are then identified. The aim is to propose a new jurisprudential approach towards corporate personality which draws on the strength of the two theories while avoiding their pitfalls.
Reforming China’S Securities Civil Actions: Lessons From Us’S Pslra Reform And Taiwan’S Government Sanctioned Non-Profit Organization, Wallace Wen-Yeu Wang, Jianlin Chen
Reforming China’S Securities Civil Actions: Lessons From Us’S Pslra Reform And Taiwan’S Government Sanctioned Non-Profit Organization, Wallace Wen-Yeu Wang, Jianlin Chen
Jianlin Chen
In this paper, we analyze the different civil enforcement regimes of China, US and Taiwan to answer how China should reform her securities civil actions. Drawing on the latest scholarships and empirical studies, we examine the inadequacies of the US class actions in achieving the goals of deterrence and compensation and the implementation of PSLRA reform. The surprise finding on the active role by public institutional investors but passive role by private institutional investors is highlighted and discussed. Recognizing that efficiency of private attorney does not equate to efficiency of public good production and the importance of institutions motivated by …
China's "Ding Zi Hu", U.S.'S Kelo And Singapore's En-Bloc Process: A New Model For Economic Development Eminent Domain From A Giving's Perspective, Jianlin Chen
Jianlin Chen
This paper engages in a comparative study of the controversial exercise of economic development eminent domain by private developers in China, US and Singapore from a givings perspective. Such eminent domain has attracted substantial academic discussions in the U.S. and China but they have all missed a crucial aspect of the issue by merely focusing on the takings aspect. As dictated by the givings jurisprudence, it is only through ensuring that the private developers are not unjustly enriched by the eminent domain that the rent-seeking behavior and abuse can be nipped in the bud. Here, a new model based on …