The Research On China's Legal System Of Commercial Registration In Network Environment

In the thesis ,the author makes a through, systematic research on the influence of computer network upon the legal system of commercial registration ,and provides specific solution schemes and system design.The legal system of commercial registration has the characters of strong speciality and practicality, on which there are few articles in the whole world. The articles mainly research on some theoretical problems such as legislative concept and legislative pattern, or just deal with some specific problems from the practical perspective of commercial registration. These two research methods are not so perfect in the respect of the contact of theory and practice. The problems which the network environment has brought to the legal system of commercial registration have caused the worldwide attention, but the researches mainly stay at the initial stage. Therefore, it has become an urgent matter to research, analyse and deal with these problems with the knowledge of the inter-related subjects.The author analyses the theoretical problems of the legal system of commercial registration, provide his own opinions, especially on showing the value of the legal system of commercial registration as a private law and balancing the value of safety and efficiency. The author will comprehensively analyse the legal system of commercial registration in the network environment .offer the accessible concept of theory design and provide the comprehensive and original concept about new-born commercial subject, Exercising jurisdiction, registration procedures and system of the legal system of commercial registration in the network environment.The author analyses the fundamental theories of the legal system of commercial registration and offer correct theoretical directions to the specific system design. The nature of the legal system of commercial registration and show its value as a private law. second, The author will examine its origin and development in China and western countries and analyse the difference between the system's inherent concepts and the reason for it ,to amend the concept of system design . Thirdly, The author will analyse its aim, function and value orientation so as to balance the two value orientations of safety and efficiency.Through parallelly compare and horizontally analyse present conditions of the legal systems of commercial registration in China and foreign countries. The author's focal point is to summercise their advantages and disadvantages, present problems ,the development tendency and so on. About the legal systems of commercial registration of foreign countries the author mainly analyses their legislative patterns , registration systems ,censorship patterns, registration matters and enlightenment to us. About our country's legal system of commercial registration the author will mainly analyse the following problems: the legislative pattern and system design with the character of the planned economy , the formulation of a unified commercial registration procedures, the separation of the qualification of commercial subject and the qualification of management and the dynamic supercvision and management of commercial registration.In the third part the author will form the positive and negative aspects compare and analyse the influence of the network environment to the legal system of commercial registration. On one hand, the network environment has brought new technological methods and working pattern to the legal system of commercial registration, which is beneficial for sharing information and enlightenment, improving safety and efficiency of commercial registration. On the other hand, the network environment has brought challenges to the legal system of commercial registration, such as ,the establishment of the identity of market subject ,the impact to the jurisdiction of possession registration . the change of supervision and management patterns of commercical subject ,digital administration and the annunication of information.The forth part is to provide relevant solution .the author takes network shops as an example to specifically analyse the establishment standards of the range of commercial subject in the network environment. Analyse the improvement of commercial registration procedures through the application of digital administration in the network environment. Thirdly the author will deal with the jurisdiction of commercial registration in the network environment . Forthly, the author will deal with the enlightenment of the legal system of commercial regsitration in the network environment .Fifthly, the author will deal with the dynamic supervision and management of commercial registration in the network environment. Lastly, the author will offer some pratical propositions on the legislation of the legal system of commercial registration in the network environment.