A Study On The Legal Effects Of Commercial Registration

The legal effect of commercial registration refers to the effect the legal act of commercial registration has on the related subjects. The research on the legal effect of commercial registration is crucial to build a standardized and modernized commercial registration system. The legal effect of commercial registration depends on the nature, function and value of commercial registration. The act of commercial registration belongs to administrative confirmative act owning dual attributes of public and private laws in terms of legal nature. The legal system of commercial registration aims at safeguarding business of commercial subjects and realizing the increase of wealth, whose function is mainly public notification of information, and whose orientation of value and ranks of choice should be based on the freedom value of business and be guaranteed by the value of market safety for the purpose of the value of transaction efficiency. It is put forward in this dissertation that the legal effect of commercial registration should include confirmation, public faith and confrontation forces.The confirmation force is the basic effect of commercial registration, which is different from the creation force of commercial registration under the legislative model of the theory of obligatory registration and refers to confirming and proving commercial subjects and related legal rights by registration of registration offices, which is shown by confirming the qualification of commercial subjects and business. Our country should choose the registration model of"separatism". Public faith is a core effect of commercial registration which means items of commercial registration own their corresponding legal effects once they are registered and the action of the bona fide third party should be effective according to registration in spite of unreal and false registration. Public faith mainly includes real presumption validity and bona fide protection validity. The theoretic basis of public faith is rechtsscheinlehre under the commercial law and de factor force under the administrative law. Registration offices and means of review are the reliable factors of building public faith. After comparing registration offices and methods of review under the laws of different countries and analyzing the state quo of our country, the suggestion in this dissertation is about reforming and building the organization structure of registration offices and reviewing systems in our country. This dissertation also attempts to solve the problems during the judicial application of the public faith principles. The confrontation force means registration applicants can be against the claim of the third party once the items of commercial registration are registered, registered applicants can get exemption. The generation of confrontation forces is the necessary requirements to balance the rights and obligations among subjects of commercial registration. The main issue of confrontation forces is the relationship between registration and announcement. The suggestion of perfecting commercial registration is put forward in this dissertation in that our legal system lacks uniform stipulations about confrontation forces of commercial registration.