Research On The Character And Function Of Business License

In our existing commercial law system, the business license is the outcome of the commercial registration, which incarnated both on the supervision from public right and commercial subject's ability. Therefore, it is of great important that the research of the business license in the view of the civil and commercial law. However, the author hold the view that the existing laws and regulations are chaos, scholars haven't make the systemic research on the business license and answer the function and character of it. Our researches, which trace the source and reclaim the existing wrongness of it is a matter of utmost significances.Whereas, because the business license relates to a lot of important systems of the commercial register law, has directly influence on the subject's ability and realizes the purpose of refining the issue with in the limits of my ability, the article don't haven a all-around research on it. The article tries to answer some basic matter of business licensee in law theory by summarizing the practices and reveals the improper regulations. Based on these, the author will give his remarks. The path of this article is a course of concluding—deducting—concluding. The matter are'all coming from practice and coming back to the practice. The subheading of the article reveals the breakthrough point of the issue with the civil and commercial theory. To a certain degree, it also hints the thought path of author. Besides, due to the businesslicensee of business corporations have typical characters, the article's analysis will mainly put on it, however, and it doesn't means the conclusions aren't for businessperson and business partners.Specifically saying, this article is composed by below aspects:(l) the positive review, the business license in the existing law and regulates. (2) The questions in the practice, the blur orientation and the fault of its functions. (3) The challenges and the reforms, the innovations by judicial documents. (4) The comparing and choosing, the build of the systems of business licensee.In the first part, author sees about some basal matters about the business licensee and summarizes what it is in the existing law; namely, the business licensee is the implement to manage the business corporations' ability and personality. The chaos caused by the double token to the corporations' personality and the business qualification.In the second part, the author analyses the issue under the practice and the foregoing conclusions: firstly, demonstrating the define of the supervisions by state organs; secondly, the author summarizes the affections caused by the chaos coming from the double token to the corporations' personality and the business qualification, lastly, the article points out the faults from the connections by the business and the others systems.In the third part, the author summarizes the changing attitudes of the judicial organ, mainly he Supreme Court's in different period. In the beforetime, it holds the attitude of unify. But this attitude is modified by the judicial documents recently. However, it can't resolve the questions thoroughly.In the fourth part, the author summarizes the matters by the angle of the theory of legislation and gives his consummate advises. In this part, the author summarizes what the other country do while there isn't the system of business licensee, comparing the benefits and advantages of these legislate methods, orientating this system in the theory of civil and commercial law. The author holds the view that the business licensee is a specify part in our commercial law system, the consummating of the business licensee is a economy task requiring the below measures: reasonablesupervision by state organs, done value orientation, and the consummating of our business corporations systems.