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A Study Of Basic Theory Concerning Commercial Registration Systems

Posted on:2011-11-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:1116360305973869Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Commercial registration is an area where public right and private right encounter and impact each other. Thousands of years of feudal reign and a long-term planned economy system of new China have caused a strong conciliarism in public right, whereas protection of private right has been totally ignored. Administrative Permit Law of China regulates that setting up an enterprise or other economic organization is included in the scope of administrative permit, which strengthens administrative right in commercial registration. However, Administrative Permit Law of China and Regulations Concerning Administrative Registration also allow that setting up an enterprise or other economic organization can be mainly done in a formal censorship, which means a withdrawal of administrative right. Therefore, whether commercial registration is a kind of administrative permit or not; whether people enjoy a free business or not; whether commercial registration is in a formal censorship or not; how to safeguard the facticity of registration under a formal censorship; how to protect private right in an open market economy with a withdrawal of public right becomes a new problem in this paper. Commercial registration is a kind of administrative registration rather than a kind of administrative permit; natural person should enjoy a right of free business, which should be included in the constitution or belongs to a natural right; the facticity of commercial registration should be arranged in a perfect commercial credit system or a system of commercial fraud crime. In general, commercial registration is a kind of public service providing information for the market, so the administrative right should not be over-publicized. Therefore, the establishment and protection of private right should be considered thoroughly in commercial registration system.
Keywords/Search Tags:Commercial registration, Administrative right, Private right, Formal censorship, Registration effectiveness
PDF Full Text Request
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