Research On The Legal System Of Commercial Registration

This article, through a comparative research on the commercial registration systems in China and in those developed countries such as Germany, France, and Italy as well as in Taiwan and Hong Kong, intends to discuss existing issues in China' s commercial registration system. Some suggestions are put forward with a hope to contribute to improve this system in the future legislation so as to protect the interests of commercial subjects and to guarantee transaction security.This article comprises four parts.The first part points out the questions existing in China' s commercial registration and gives definitions of commerce, commercial registration and commercial registration system. Four main characters of commercial registration as a legal behavior are discussed also in this part.The second part discusses some fundamental legal issues about commercial registration such as the character of commercial registration law and legislative types. At the meantime, commercial registration is considered a behavior belonging to the field of public laws. At he end of this part, it is strongly recommended that China' s commercial registration system be re-established.The third part is mainly concerned with some general legal questions on commercial registration. Three basic rules on commercial registration system are also put forth which are compulsory registration, public registration and formal examination.The fourth part discusses some idiographic legal issues on commercial registration, such as commercial names registration, supervision of commercial registration and the resolution of commercial registration disputes. Emphases are also attached to the difference between revoking business licenses and writing off business licenses. Revoking business licenses dose not annihilate the qualification of commercial subjects, but only stops their business.