Business Undertaking System In China

In the recent years with the in-depth development of the socialist market economy of China, business transactions is also increasing frequently, the property rights trading market is formed gradually, the property rights trading which aimed at business will be objective phenomenon and so as to be used extensively in small and medium enterprise. At the same time, disputes caused by business transfer is increasing everyday, because the process of business transfer directly relate to problems of the transfer of credit and debt, prohibition, successor of labor contract, firm, transfer of intellectual property, and etc. some countries have clear legal provisions about business transfer, such as Japan and South Korea, they both take business transfer as a system and clearly regulated in their Code of Commerce. But our country hasn't clearly recognized the legal status of this system, and leading to the phenomenon of many disputes without laws to obey. Although business transfer is involved in some fragmented administrative regulations and separated regulations, but we haven't developed a unified legal norms, the relevant provisions is scattered, cluttered and fragmented, the Civil Law can't solve all the problems in the process of business transfer because of the specificity of business transfer, so lead to the problem of law-delay, and many non-standard and unreasonable factors existed in the activities of business transfer, all this increase the blindness of business transfer and disputes appears continuously. About the business transfer, scholars at home and abroad have done some research, but there are also many problems that haven't come to a unified conclusion, they proposed some different means of legal regulations for a problem in the business transfer. With the continue development of business practice, business transfer has become a common business activity, but it doesn't have regulations which it should have because of the absent of legal regulations, so doing some in-depth analysis and research, combined with the legislative experience at home and abroad and the actual situation of China, it is valuable to propose some legislative recommendation about business transfer, so as to do some useful exploration about legislative of our country.