The Research On Enterprise's Resignation

Enterprise's resignation system is in the extremely important position in a national legal system. Enterprise resignation system confirm the qualification of enterprise, and has a very important meaning to economic environment of a country. Chinese enterprise was to put emphasis on supervision of enterprise, but in the judicial practice, the information announcement purpose is prominent gradually, reflect the protection with safe trade of the third person.There is difference in the shape of enterprises register according to the divided standards. In Chinese enterprises register legal system, the shape registered about enterprises still has some places not good enough and need improving. First of all, we should set up the subject qualification register, solving the problem that enterprise's main body qualification and opening qualification were not distinguished. Secondly, should distinguish and register the personal proprietorship and the self-employed entrepreneur's register.Analyzing the effect that enterprises' registering produces, we think there is three aspects mainly: The public announce , opposes to other people and proving the registering. In Chinese enterprise register legislate, confront with lacking opposing function, and the proving function is weak. Our country should stipulate the register effect clearly: taking doctrine in order to come into force while setting up, a lot of items should adopt the doctrine effect while altering.Enterprise's registration procedure is divided into four step: applied, examine, approve to issue permit, and announcement four stages. In the current enterprise registration legislates, enterprise establishment conditions is unequal, working efficiency has some problem, enterprise register announcement system need improving, those can't be forgot in legislating.In our country, Industry and Commerce Administration take over enterprises registration. The administrative organ handles the registration affairs, demonstrating all sorts of drawbacks, the method that the administrative organ handles the registration item should be changed , authorizing the public institution or organization to handle registration to change.The legislative form of resignation system in our country is the scattering, such legislative system displays its unavoidable weakness. Future enterprises register legislate should adopt unified legislative style, abandon the simple nature withownership of the past, and puts the regulation into different categories to demand, content, procedure that the commerce register for the standard in nationality, scope of the enterprise, region of the investment subject, etc..