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Partnership Enterprises In China Complete Legal System

Posted on:2013-02-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:L Y WangFull Text:PDF
GTID:1116330374458558Subject:Chinese Minority economy
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Chinese partnership enterprise law system needs improving in some aspects. On the one hand, some clause's expression isn't sufficiently rigorous and has defects existing in logic treatment in The Partnership Enterprise Law. On the other hand, some system design isn't sophisticated enough in the law and its foreseeability isn't sufficient enough so as to make some realistic social relations can't get the law's corresponding adjustment. Consequently, our country's The Partnership Enterprise Law should be revised once again at a timely moment.This paper seeks to promote Chinese partnership's development. Its fundamental research way is from theory to practice; its main research method is empirical research. This paper will be committed to achieving the following two goals. First, it will introduce the history development of Chinese partnership enterprise law system and discuss the need of improving Chinese partnership enterprise law system at the angle of our country's minority nationality areas. Second, it will illustrate the characteristic of person cooperation and property joint of partnership enterprise and conduct a relatively systematic study on our country's partnership enterprise law system and offers some specifically legislative advice.Based on the specific provisions of Chinese The Partnership Enterprise Law and from the intimate connection between legal changes and social changes, this paper carries out the research around the core of perfecting the partnership enterprise law system and is divided into six parts besides preface and epilogue as follows:Chapter I researches the emergence and development of Chinese partnership enterprise law system. In concept, partnership enterprise and partnership is subordination. This chapter introduces the sprout and development of our country's partnership system and analyzes the establishment process of our country's partnership enterprise law system in detail. At the same time, the need and main contents about amending our country's The Partnership Enterprise Law is explained in the chapter as well.Chapter II argues that our country's partnership enterprise law system needs to further consummate at the angle of Chinese minority nationality areas. This chapter introduces the partnership enterprise's development in China national regions in the early part of this century. The writer thinks that the lines and contours of our country's present The Partnership Enterprise Law are still sketchy although the law was amended in2006. This paper proposes that our country's present The Partnership Enterprise Law needs do a further perfecting in four aspects on the basis of theory exploration and practice corroboration. Chinese national regions has a more urgent appeal than Chinese other parts towards the perfection.Chapter III Probes into the institutional perfection on our country's partnership enterprise registration on the spot. This chapter analyzes the origin and nature of the business registration system and makes a thorough analysis of Chinese partnership's two approving registrations ways. The writer insists that our country should clearly state the specific conditions in related legislation on "may register on the spot" and reasonably limits the discretionary power of registration agency's staffs for the purpose of increasing the registered efficiency and realizing the institutional fairness.Chapter IV deliberates the institutional perfection on non-executive partner of the partnership affairs people's right in our country's general partnership. There are three execution ways to the partnership enterprise's affairs in general partnership. This chapter gives a particularization to these ways and thinks that the law has a logic contradiction to the empowerment provisions about non-executive partner of the partnership affairs people because it doesn't rationalize the subordination between the authority to supervise and the right of raising objection and shall not restrict the two rights to a clause. Therefore, this chapter puts forward the law integration plan to non-executive partner of the partnership affairs people's right in a general partnership and makes the logic adjustment from article26to article29in our country's The Partnership Enterprise Law.Chapter V discusses the institutional perfection on partners' fundamental duties in Chinese limited partnership. Rights and duties are one of law's basic categories and are closely related to each other and mutually interactive. So we should not make fish of one and flesh of another. However, under particular historical conditions,"Obligation Standard" has its rationality and Necessity. Our country should walk her legislative path analyzing specific circumstances in-depth. In a way, partners'obligations are a strategic point to a limited partnership's healthy existence in China transition period. This chapter will make a thorough research on the general partner's fiduciary duties and limited partner's investment duties and puts forward some feasible legislative improvement measures about the relevant provisions.ChapterVI expounds the institutional perfection on partner changes in our country's Partnership enterprise. In practice, between general partner and limited partner in a limited partnership may happen a status change each other. In this transformation, the law should pay attention to do more to protect creditors in order to guarantee transaction Security. This chapter focuses on the responsibility to bear in this transformation and argues that the law should set reasonable relevant rules in order to ensure fully the legitimate rights and interests of the parties and interested parties. At the same time, this chapter makes the thorough analysis to the "extreme" situations only keeping one kind of partner or a partner that takes place over partner number's alteration course and considers our country should enact legislation and improve the relevant supervisory regulations to ensure such enterprises' transaction freedom and third person's transaction security.
Keywords/Search Tags:partnership enterprise, general partnership, limited partnership, legal system, perfection
PDF Full Text Request
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