The Study On Legal Problems Of Establishing Corporation

As an important holder in the marker economy, corporation doesn't establish suddenly at the time of registration because it must experience a longtime and complex process before corporation established, which called the process for preparations to establish corporation. The establishing corporation is a concept accepted by the law circle in order to explain the formed association in the process to establish corporation. Being the sound moving of establishing corporation has direct influence on the future corporation becoming perfect, the adjustment and regulation of establishing corporation is an important content in corporate law.The problems of establishing corporation exist in two legal systems' legislations and cases. Civil law countries such as Germany, Japan and etc., not only make detailed regulations in enacting laws about problems of establishing corporation, but also study the problems actively in terms of theory. Anglo-American law system's cases formulate relevant rules and regulations, as a rule, guiding the moving of establishing corporation in practice. Our country's legislation and theory behind of judicial practice result in the blanks of our country's corporate law about legal regulations of the corporation establishment and the lacking in the relevant theoretical studies. Our country's phenomenon isn't beneficial to perfecting corporation personality and protecting relevant parties' interests in the process of establishing corporation, furthermore, it conflicts with the principle of commercial law protecting trade's safe and efficiency. As a word, strengthening the study on legal problems of establishing corporation is of far-reaching significance from the point of theoretical view or practical view.On the basis of comparative analysis some doctrines and legislative, jurisdictional practices of the corporation establishment in nations, the essay will research the legal position, legal consequence and legal responsibility of the establishing corporation, and put forward some legislative advice about the corporation establishment system in China. Its aim is to remedy the blanks and defects our country's corporate law in this regard.