Research On The Legal System Concerning The Incorporations Of The Corporations

In China, with the establishment and gradual improvement ofthe system of market economy, more and more corporations have beenincorporated. However, the deficiency of the legal system concerningthe incorporation of the corporations and various contradictions anddisputes concerning the issue of the incorporation of the corporationshave gradually revealed. Under such circumstances, the research of thesystem concerning the incorporation of the corporations demonstrateseven more important significance. This thesis, proceeding from thebasic theory governing the research of the corporations underincorporation, taking the efficiency and security principle as theperspective, observes the theoretical research and system status quoconcerning the incorporation of the corporations in major worldcountries, studies the relevant issues concerning the incorporationof the corporations comprehensively and systematically, including suchissues as definition, nature, principle, condition, registrationconcerning the incorporation of the corporations and the legal positionand effect of the incorporation of the corporations. Based on theaforesaid views, the author raises his own theoretical thinking andpropositions, offers guiding principle and theoretical judgmentthereto for judicial practice in the trial of cases over the disputeof the incorporation of the corporations in China: the arrangement ofthe legal system governing the incorporation of the corporations andthe deliberation concerning issue of judicial practice should abideby the principle of taking efficiency value as the priority with thedue consideration of security. Guided by the principle of takingefficiency as the priority with the due consideration of security, thecondition of the incorporation of the corporations in China should bechanged into spacious environment from rigid one;the registrationexamination system concerning the incorporation of the corporationsshould be transformed into the compromise examination from the originalsubstantive examination, i.e. taking formal examination as the generalprinciple while carrying out substantive examination alternatively.Concerning the legal position of the corporations under incorporation,the author raises the theory of limited persona corporatio in orderto accurately grasp the nature of the corporations under incorporation,stressing more the actual significance of the research concerning thelegal position governing the corporations under incorporation;building the judicial relief system concerning the defectiveincorporation of the corporations is not only the inevitablerequirement of the application governing the principle of takingefficiency as the priority with the due consideration of security,but also the actual demand of the judicial practice concerning the issuegoverning the incorporation of the corporations. The situation where"disunity in accepting case standard, in principle of deciding case,in enforcement criterion" exist in judicial trial on the issuegoverning the incorporation of the corporations must be corrected soon,in order to standardize the act of the corporations, safeguard thetransaction safety, maintain the legitimate rights of the parties,promote the healthy development of economy in society.