Legislative Investigation Of Procedures Of Commercial Registration In China

This thesis puts forward suggestions on improving the procedures of commercial registration by analyzing the conditions and defects of our country's current ones, so as to standardize them and eventually perform the legal functions of procedures of commercial registration. This thesis goes in three parts as below.The first part lays out the rationale on which the thesis is based. It briefly analyzed the development history of procedures of commercial registration and summarized the notions of commercial registration. Commercial registration refers to the behaviors of commercial subjects or founders of commercial subjects to propose establishing, alternating, or terminating the identity of the commercial subjects, to the local registration institute and its recording in the register after checkup and approval, in accordance with the regulations and specifications of the commercial registration and the prescript contents and procedures by other special laws. In the above-mentioned concept, we can see commercial registration features in following aspects. First, the aim of commercial registration is to obtain or alternate the identity and capability of the commercial subject and turns out to be the establishment, alternation and termination; Second, the main body of the commercial registration is the legal commercial registration institutions; Third, the nature of the commercial register is administrative permission; Fourth, commercial registration is a legally necessary behavior.On the other hand, the concept states the connotation that the commercial subject and the registration institute must both abide to the prescript procedures in registering, which are the five phases of application, acceptation, checkup, approval and announcement.Finally, the legal significance of commercial registration is strengthened. Registration, as an important part of commercial registration system, is the core of the entire commercial registration system. It functions significantly in social and legal senses in carrying out commercial...