Probing Into Some Problems About Our Revocation System For The Company Establishment With Defects

The company system is the token of modern enterprise system, and also the most important form of our enterprise organizations. Comparing with the other enterprises the enterprises that are established according to"Company Law"come first in number. They play irreplaceable function in economy. In recent years, the conflicts in the company establishments, which are triggered among the company initiators and company creditors, appear one after another. And many illegal phenomena, such as making false reports of registered capital and gaining the company registration by submitting false materials, emerge in an endless tendency. That not only seriously endangers the company's credit and creditor's interests, but also influences the public credit of the registration authority. Therefore, it's an unavoidable problem in our company registration system about how to effectively solve the conflicts in the company registration with defects and how to extend fair and reasonable legal relief to persons concerned whom the establishment with defects invades. Because of the legislation falling behind and short of relevant regulations, all kinds of problems triggered by the company establishment with defects always disturb the company registration authority and the judicial authority, and bring negative effects to the social economic life.The paper takes the revocation system of companies with defects in our company law as the core, starts with transaction model of company establishment with defects, then confirms the seasonality of revocation system for the those companies by comparison of concepts, affirming standards, legal effects and transaction models between our company law and that of marketing-developed countries, and finds out the bottle-necks and parts needing improvements in our company system. On the basis of the above, from the aspect of Administrative Law and Civil & Commercial Law, the paper further analyzes the origin, character, classification and legal effect in revoking the company establishment with defects, and then brings forward with my assumptions and suggestions about how to perfect our revocation system for the company establishment with defects. The whole paper is divided into four chapters, except the foreword and the concluding marks.The first chapter begins with the definition and essence of company establishment with defects. By comparison between transaction model in marketing-developed countries and revocation system in our company establishment with defects, it comes to an overall understanding about character, advantages and disadvantages of the revocation system for our company establishment with defects. The second chapter, in scientific principle, elaborates on the concept of defects in company establishment. It introduces detailed regulations in marketing-developed countries about defects in company establishment, makes a summarizing analysis of incomplete and abstract regulations about defects in our company establishment so as to magnify the problems in our particular matters of revoking company registration. The third chapter proceeds from legal foundation of revoking company registration. It clarifies the characters and legal effects of detailed administrative activities and three types of revoking company registration. Meanwhile, the chapter makes comparison concerning conflict-solving models among companies with the legal personality and managing qualification in order to expound the basic character of revoking company registration. The fourth chapter, on the base of the three chapters above, puts forward with some suggestions about how to improve our revocation system for company establishment with defects. The suggestions includes completing our regulations about revoking company registration, setting up transaction model of revoking company registration by civil lawsuits, building reasonable examining mechanism of rescinding company registration, formulating detailed procedures about revoking company registration, strengthening the function of rectification system and improving the legal responsibility of persons concerned in revoking the company registration.