Research On The Validity Of Commercial Registration

This thesis aims to research the validity of commercial registration. The commercial registration system in China was established under the planned economy, when the government had strict control over corporations. As a result, corporations had no independent civil capacity, nor did they pursue maximum profits, as did those in well-developed market economies. The only function of commercial registration was to provide statistical data for the state. With the development of a market economy in China, laws concerning commercial registration have become a necessity in its rapidly-improving legal system. They will play an important part in regulating market subjects and market behaviors.Chapter one of this thesis explains the basic theories of commercial registration, laying a theoretical foundation for the following chapters. It also deals with the present situation and the existing drawbacks of commercial registration system in China. Chapter two presents a law analysis on the principles of validity of commercial registration. The validity of commercial registration is decided by its purpose and character. The chief purpose of commercial registration is to make the commercial information of a company public in order to protect the security and rapidity of a transaction. Proving Validity, Public Confidence Validity and Resisting Validity constitute concrete content of validity of commercial registration. Based on these principles, a typical case is brought forward in Chapter three to discuss the problems which come up when a corporation has its business license suspended; that is, when a corporation has its business license suspended, does it still have its subjectqualification? By analyzing the drawbacks of the present commercial registration system, the author in Chapter four presents suggestions for the legislation of new policies for commercial registration in China, in which obtaining corporate capacity and the issue of business licenses would be separated. Only in this way can the present problems in commercial registration be settled and justice and equity be guaranteed.