Study On The System Of Defective Creation Of Company

The system of defective creation of company was a kind of remedial measure in company law of each country. It was important to maintain the economic system and promote the market boom. Because the system of defective creation of company could punish the company created seriously illegally and remedy the company created illegally not too seriously, so as to assure the company run legally and effectively. Since the phenomenon of defective creation of company was unavoidable, the system of defective creation of company was indispensable in company law. Besides, as this system of china was not perfect yet, thesis's purpose was to design a feasible system plan to perfect it. At the same time, thesis innovation also lay in some kinds of research methods were used, which included value analysis, comparative analysis, economic analysis, and historical analysis etc, in order to provide a feasible method of analysis to perfect the company law of China.This thesis was divided into the preface, 4 chapters and the epilogue, included about 5 ten thousand words.Thesis preface mainly clarified the motivation, aim and meaning of this issue, then introduced the main content of thesis.Thesis chapter 1 firstly expounded several relative definitions of the issue, the position of the system, and the system's value tropism. Then the system's evolution trends were summed up through historical reviewing on the system of defective creation of company. These upward arguments provided basic theoretical preconditions for study.With comparative methods, thesis chapter 2 analyzed not only similarities and differences between two legal systems' principles oflegislation, but also concrete contents of this system, and anatomized the reasons why those differences exist. On basis of compare, the similarities of two legal systems on this problem were summed up, in order to provide a reasonable project of how to adopt other country's experiences on this problem.Based upon Chinese nowadays states, thesis chapter 3 analyzed the legislative value and cost validity of the two kinds of systems separately, of which one was the defective creation of company is effective and the other is void. In conclusion, China should adopt the former principle. Then we could design the system adapted to Chinese social environment of legal system, in order to obtain the maximum benefit of legal. Such conclusion made it feasible and convictive to do the system design, which was the ultimate aim of this issue.Thesis chapter 4 firstly reviewed Chinese system of defective creation of company in nowadays. Then expounded the matching measures that the perfect system need in China. Finally, system design was done from every orientation, from legislative principle to concrete methods, from substantial contents to procedural contents, from regulations provided by law beforehand to responsibilities the misfeasor born after the event, so we can perfect the system of defective creation of company of China,...