Research On The Legal Efficacy Of Enterprise Registration

The legal efficacy of enterprise registration is one of the most important content of enterprise registration system; research on it is quite useful to make the enterprises know what kind of rights and obligations they have, help them to deal with others and solve the problems , which happened during the course of dealing. By far, there are many research results about the enterprise registration system, but the special research on the legal efficacy of enterprise registration is very few.Now, many existing laws and regulations about enterprise registration in our country were drawn up under the background of old economic system, so they inevitably have the content about planned economy. Among the existing laws and regulations, there are no motions about what kinds of legal efficacy the enterprises could have after their registrations, except the creative efficacy that bases on our national force, which force every enterprise to register before they start their business. With the rapid development of our market economy, the lack of laws and regulations about the legal efficacy of enterprise registration is making the realistic problems more and more obvious. First, the main purpose of the enterprise registration system is to show their own information to other traders, but the creative efficacy under the national force distorts it, and limits the creative development of enterprises; second, the lack of the resistive efficacy lets the rights and obligations of enterprises out-of-balance, then makes them lose the positivity to register. Although the new company law adds some content about it, but it's too simple to solve the problems during the whole course of dealing; last, compared with the creative efficacy and resistive efficacy, the public confidence efficacy is never motioned by the law, although it is very important for the traders to protect themselves when the registration content is not true. In view of this, in order to perfect our legislation and solve the issues in the practice, it is quite important for us to do some theorical research on the legal efficacy of enterprise registration and learn from other countries which have sound legislations.This dissertation consists of introduction, main body and epilogue. The main body can be divided into five parts.The first part is the research meaning of the legal efficacy of enterprise registration. Make sure the main purpose of the enterprise registration system is to show their information to other traders, and make it discusses tone of the whole dissertation. Then point on the registers and discusses the research meaning from three different ways, they are security, efficiency and credit.The second part is the theorical research about the legal efficacy of enterprise registration, which is the theory core of the whole dissertation. On the basis of the original purpose of the enterprise registration system and related legal, the legal efficacy can be summarized as proving efficacy, creative efficacy, resistive efficacy and public confidence efficacy. Then analysis the four kinds of efficacy, distinguish proving efficacy with creative efficacy, describe the concrete forms of resistive efficacy and discuss some questions about public confidence efficacy, in order to lay the foundation for the forth and fifth part.The third part is the legislation of other countries. Some countries and organizations of the continental law system have improve legislation about the legal efficacy of enterprise registration, but among them there are also some difference on resistive efficacy, through the analysis can make us know which one is fit our country.The forth part is the legislation of our country. The national force, creative efficacy is too strong to make enterprises get improvements; the content about resistive efficacy is too simple and the lack of public confidence efficacy can't solve the practical issues.The fifth part is the suggestions on legislative improvement. Based on the analysis of the forth part, some suggestions to improve the legislation of our country are very necessary. Make sure the main purpose of the enterprise registration system is to show their information to other traders, so weaken creative efficacy is quite necessary; clear the content of resistive efficacy and public confidence efficacy, establish false registration liability system.