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Research On Registration Of Commercial Subject

Posted on:2012-04-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z LiFull Text:PDF
GTID:1116330368979802Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Perfect legal system construction must be based on the profound theoretical accumulation for the foundation, only the commercial registration theory abundant, can construct fit the demand of economic and social development and the health of preparing effective system of commercial registration. But in our country, the registration of the establishment of science research is serious lag of commercial registration legislation needs. Given the lack of theoretical research and the registration of establishment registration practice in all the chaos, and bringing the attention to this question, a long time studying the asymptotic form this article. In this paper, the registration of establishment, but is based on the " registration" and" separatist" on the basis of the registration act, the registration of establishment of subject of duty and culvert on registration authority two kinds of behavior subject. As a compulsory subject for the creation of commercial registration of establishment of commercial subject, completed the natural person to the trading main body status replacement. According to infer, registration obligations and commercial main body have" the same " underlying concern. Therefore, the registration of the establishment of compulsory subject definition standard and commercial subject" the same". By establishing a" for-profit standards" and "business standards", where the desire for business activities with the two standard for commercial, became the registration of the establishment of subject of duty; where this standard has the offender, is excluded from the registration of the establishment of subject of duty. In addition, in view of the industrial and commercial administrative organs in charge of the registration of the tradition and the present situation, proposed our country in the guild, court, administrative mode three, administrative mode of main body structure registration authority.Any behavior is due to its nature, the registration of establishment is no exception. But for the intervention of the public power, the main duality and other factors, the registration of establishment nature of alienation, causing the nature research extremely difficult. Although difficult to verify, but it is directly related to register duty subject setting and registration authority limit, and even affect the establishment of registration number and effectiveness of clarity. The registration of the nature of establishment is difficult to define, but it is directly related to register duty subject definition and registration authority limit, and even affect the establishment of registration number and effectiveness of clarity.Any legal acts and value relevance, legal conduct without value cannot imagine. Registration as a registered foundation, the core and the most part of the value of characterization, also inevitable. Value orientation is the "rational " and " intellectual" guidance function of products, including the objective demand for commercial and legislators guide value, and the value are used to establish the value conflict, rank. Registration is free, with order, fairness, justice, efficiency, safety, value, but only as the value orientation of efficiency, safety in the first position, and commands the other value. In efficiency, safety first arrangement, our country to register the establishment of specific regulations did exist alienation and deviation of the development process, it is proposed to our commercial registration legislation construction, to highlight the registration of the establishment of the efficiency value of security.To set up the registration matters as registration behavior direction, and commercial main body qualifications have been closely associated, but for commercial makers create commercial subject, subject to regulations for registration matters. The establishment of registration of complicated and not very huge impact, not only relates to its proper setting for simple, efficient commercial who won a commercial entity, also decided to appropriate the main commercial market entry. In our current legal structure, according to the different types of commercial subject are circles registration matters, from which can be taken out from the creation of commercial subject has its registered items, the registration of establishment matters should still should make theoretical justification. In addition, public presence of interventional regulation of commercial subject establishment necessity and possibility, registration review as the regulation of path selection, should be in the form of a review, review of the substance and the eclectic review, proper selection. In view of the present situation and the desire for commercial bounded rationality, eclectic review set up registration is necessary choice .In the fourth chapter, mainly on the research of the items raised by the establishment of registration and censorship protocols. The establishment of registration and commercial main body qualification is closely associated, and applying for a commercial main body qualification, subject to mandatory for registration matters. Our country defines items according to the type of commercial entities, neglecting some common items in the subject of commercial entities, however, scientific evidence are still required to prove the logic.Registration of commercial subjects play an important performance, but it has been played on commercial subject establishment effectiveness or is only confirmed the effectiveness of, not only academic perspective. Through the creation of effectiveness, confirming the effectiveness of the view of" identity to contract" dimension of substantial reasoning, that is based on " registration" registration of establishment on commercial subject should be established with creating validity. Public letter force focused on the transaction relative person's trust interest interpretation and display, but its usefulness is still exist in understanding deviation. Through the "good faith"," the word" is confirmed, registration and announcement effect order problems such as construction, when can be complete. Combat potency through stabilize public letter force tilt induced commercial body right, duty unbalance, the commercial rights and interests should be sheltered. In view of combat effectiveness is so important, and its applicable condition, theoretical basis of analysis. In addition, also on the false registration, registration error notice, did not notice in case of confrontation effect explanation insights.
Keywords/Search Tags:Establish Registration, Establish Reg-Value, Items, Effectiveness
PDF Full Text Request
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