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Build Different Principles Of Company Registration

Posted on:2012-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:N LiuFull Text:PDF
GTID:2166330338994288Subject:Law
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Companies are the main organizations in the economic market.Companies are self-evident to the economic development in today's world. publicity company information, the supervision of the company are the main measures to protect the security of the important trading market player. The Company Law has practiced for a short time, there are a lot of confusion about the company registration. This paper reviews the principles of company registration trying to solve the company registration in a mess. This paper is divided into five parts:The first part is about the definition concept of principles of examining the company registration. Registration of a company first introduced the meaning of the company registration, domestic and international legislation are consistent with theoretical explanations, there is no real differences. But for company registration and the Commercial Registration, the relationship between them can be defined broad and narrow sense. Defined on the basis of company registration, company registration review system introduced the concept, characteristics and the origin. Based on the theories of understanding the company registration and company registration review, introducing the company's registration system introduced.The second part of the registration review of the principles of the present problems the company analysis. Present in our company registration, company registration review of the principles of the provisions are vague, such as provisions for the registration authority for company registration mainly in the form of review, when deemed necessary, can be substantially reviewed. This is necessary not clearly defined. This review could easily lead to vague provisions of the uncertainty principle. Second, practitioners and theorists review of the principles of company registration also in dispute. Mainly for the judicial precedent of the contradictions and conflicts between the executive and the judiciary differences and differences in theoretical circles. In recent years, the registration authority exists in the enterprise re-form the registration process review, substantive review of the actual situation of light, resulting in litigation and administrative review presents the increasing trend. As the people's court in the review and the fact that company registration problem behaviors, review of the angle and the company registration authority to review the registration behavior is different point of view, the registration authority review and judicial review is inconsistent.The third part is an overview of censorship at home and abroad. Most of the western market economy countries adopt the form of review methods, on the one hand simplify the registration process, improve the registration efficiency and wide the strict control in order to encourage investment;on the other hand, it can distinguish between the responsibility of the company and the registration authority boundaries, the company as a provider of corporate information, The information provided should be for its authenticity, legitimacy, for example the United Kingdom for the applicant committed to ensure the implementation of company registration system, require the applicant to apply for registration of a written commitment to ensure its registration application for the authenticity and legality. France adopted a substantive review of doctrine, Germany turned from the substantive examination form for review. In China, censorship, and scholars from different perspectives, and some claim is the substantive examination, some think it is eclectic review, and some form of review that is. Therefore, this part of the writing will be introduced to the registration review of the company, and then describes the review of foreign registration requirements of the company, through comparative analysis of China and abroad to explore the differences and under the system of similarity, to better improve our company registration censorship.The fourth part is the principle of completeing company registration review - difference between the review build of the principle of company registration. Understanding the principle of distinction between the review build, we need to consider two factors, namely, safety and efficiency. Security is to strengthen the review of the company registration authority, functions, efficiency is the weakening of the review of the company registration authority functions. To build a system, we need to consider reasonably. Construction company registration different from the principles of rationality review is that the traditional review of the principles of the three defects, that is, through formal examination, substantive examination and eclectic review of the advantages and disadvantages of the analysis, the superiority of different review. Considerations in the construction and reasonable analysis based on the proposed review of how to build the principle of distinction. This section mainly proceed from two angles, that is a different type of company for the warp, weft in different stage, to the point of trying to build a system of two. Different companies apply different types of review of the principles applying to different stages of the review of the different principle, which is the difference between two of the mixed review of the principles of construction are the key points. In addition, the establishment of the principle of distinction review the relevant system also depends on the improvement of the legislative and judicial levels to protect the principle of distinction between the review. Also, we shoule improve the supporting systems, that is focusing on the development system and completeing the registration authority notary's liability regime.
Keywords/Search Tags:the company registration, the company registration review principle, formal examination, essence examination, eclectic review
PDF Full Text Request
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