Research On The Legal System Of Online Business Entity's Qualification And The Perfection Of Industrial And Commercial Registration System On Online Business Entity

As the world's first electric web transaction was finished in 1994, the first one in China took place in 1998. Now E-commerce has been developed in China for more than 7 years. Nowadays, E-commerce not only brings tangible goods such as cars, clothes, appliances, books, medicament and buildings into the internet transaction, but also makes intangible things such as investment, insurance, technology trade and counseling service take place in the net. All kinds of netshops, such as internet supermarkets, internet special stores, net business halls, have quickly occurred with a large account, while the e-commerce has got well and hotly development. The enlargement effect of Internet makes the connotation and extension of the market even outstretched and brings the Multi-marketing behavior to business entities , but it also leads to all kinds of problems on business security. The principle of traditional civil and commercial law claims that the authorization of the entity and the protection of personality benefit of the entity are the basis and precondition for a legal business to be carried out normally. Traditional business entities need get the registration from the Administration for Industry and Commerce and obtain the business certification before going into business. However, in the environment of net, the identification of business entities becomes dummy, while their figures disappear. How to recognize online business entities'qualification, how to regulate their transaction under the environment of web. Especially, it is a quite exigent issue whether the natural people, who are not commercial entities, need to be controlled when they carry out online transaction.Therefore, our country should modify and perfect the relevant law, definite online business entity, regulate its qualification, and decide whether and how to process industrial and commercial registration , in order to change the out-of-law situation of the online business entities, regulate their business behaviors, and guarantee online transaction security. This thesis prescribes the form, classification, essential of online business entities, analyzes the current situation and shortcoming of qualification regulation system, then introduce the relative systems of other countries with developed e-commerce. Finally, the author provides own suggestions of perfecting this kind of law system in China. There are four parts in this thesis and their main contents are as follows:In the first part, the author begins with E-commerce, in order to educe one part who takes part in E-commerce, namely online business entities. Then the author prescribes the forms, essential, classification of these entities and gives three principles for judgement, which is a basis of the following part of this thesis The second part mainly introduces the actual litigation, which gives different regulation designs for special online business entities and common ones, where, the author finds some limitation of the current regulation: the law has no clear definition for business entities and the traditional business registration system has some mistakes, such as outdate ideas, misunderstanding and bad order. In detail, the traditional business registration for corporations is not able to fully meet the requirement of cyberspace and the registration for individual merchant is not able to be used for individuals in net.In order to make up the mistakes above , the third part introduces relative law system in foreign countries. First, the author gives the outline of the principle adopted by other countries when they deal with E-commerce. That is, besides constitute loose and hortative policy, they generally maintain their traditional qualification regulation law in physical environment to cyberspace. Secondly, based on different law systems, some examples are given to introduce the relative perfect commercial registration regulation of other countries, such as USA, Australia, Germany and so on, meanwhile the according summary is also provided.The last part is the core of this thesis. On the basis of using foreign countries'practice for reference, the author proposes a main idea of the perfect of the regulation and presents the three dictions for reforming the actual business registration system. In addition, the litigation concerning how to perfect the online business registration system is studied and explored in this part. According to the difference between online business entities and individual entities, the author designs different registration systems. For some special issues, the author carries out the in-depth research and discussion..