Research On The Limited Partnership

Limited partnership is an ancient form of business organization. It is legislated for its unique design of responsibility and flexibility all over the world. In the background of our high-tech's rapid development as well as the SME's enthusiastic starting undertaking, the construction of limited partnership system in China is particularly important. In China the 2006 "People's Republic of China Partner Enterprise Law" established the limited partnership system. Although there are still some immature factors in the legislative, the limited partnership system has extremely important significance to the strengthening of Chinese market economy players, promoting of Chinese financial system and prosperity of investment and financing channels.This paper starts from the origin of the concept of limited partnership system and focused on the legal characters, legal relations and the international situations of limited partnership system, as well as the legislative significance of the new legislative partnership enterprise law on the limited partnership system. Finally, some personal humble opinions are put forward on deficiencies and improve proposals of Chinese limited partnership system legislation.The whole text is divided into five parts,The first part is an overview of the limited partnership system. With a comparison of the civil law and common law, the general concept of limited partnership system was established. Then we studied the origin and history of the limited partnership system, and analyses the sources and development of the modern limited partnership system.The second part analyses the legal characteristics of the limited partnership, including the characteristics in the organizational structure, responsibilities of setting up procedures, and management. Then we highlighted the differences between limited partnership and general partnership, hidden partnership, the two companies system.The third part is a in-depth analysis of the limited partnership system, which is divided into two parts, that is internal and external legal relationship. The part of external legal relationship focus on the relationship of limited partnership and a third person, as well as the external legal status of the limited partnership.The fourth part is the international situations of limited partnership system. The traditional technical differences between civil and common law in legislation lead to Two Schools in the limited partnership legislative approach. These differences in legislation result in the different trajectories of the Two Schools in the development of the limited partnership.The fifth part analyses the legislative significance of our limited partnership system, and then puts forward some deficiencies and improve proposals of Chinese limited partnership system legislation in China's new law on partnership limited partnership .