A Study On The Effectiveness Of Company Setting-up With Flaw

Company, which is as a modern market transactions for the principal, plays a very important role in the social and economic life. In social life and the role of play, while the effective establishment of the premise, if there is no effective establishment of the company can not obtain legal personality thus can not become a businessman. Companies to set up, that the Company sponsors for the company access to legal personality and completed in accordance with the law provided by the law of the various elements of the act. The problem is that the rule of law as embodied in the purpose of its legislators in the social reality in the actual effectiveness is not consistent, therefore, should be how to deal with the flaw to establish the company .Flaw in the company can maintain its effectiveness .If affirmed its effectiveness, its flaws should be how to make corrections . If deny its effectiveness, how denied .This paper on China's companies to establish the effectiveness of flaws related issues were studied.This thesis consists of introduction and three parts. Introduction of the proposed establishment of a flaw in the company of their existence and the importance. The first part is to establish the effectiveness of China's flawed analysis of the existing law. The first part of the existing Company Law of China's legislation on the establishment of the company's major flaw, involving the establishment of the company's defective form of expression, processing, to make corrections and accountability mechanisms, and on this basis, China's analysis of the effectiveness of the company set up flaws Council of the characteristics and shortcomings.The second part is defective establishment of the company compared the effectiveness of inspection law. Common law and civil law to take effect in a different principle, the article introduces the practice of civil law, in order to clear flaw in the company established the principle of choice and to take further concrete measures to Liangtaifaxi flaw in the company from the establishment of effective legislation Local to the overall conduct a detailed study.The third part examine in detail the flaws of China's companies to establish and perfect the principles of the choice issue. The "Company Law" on the company to establish the effectiveness of the flawed legislation for the establishment of the company personality flaws attitude is not clear, at the same time, the reasons for the establishment of flaws too single, flawed model of the revocation of the company to dominate the main responsibility, as well as related civil The responsibility is too simplistic, and other problems, are to be perfect. Through the civil law and common law countries the legal flaws in the company's comparative analysis of a system, the article that China's establishment of the company flaws in the direction is invalid and should be in the law specifically provides that led to the establishment of invalid reasons, the establishment of an additional flaw in the company The approach, and improve the establishment of self-correction of flaws in the system, the company established the responsibility of the flaw should also establish its commitment to civil liability model, and so on. In today's society, in order to seek to maximize benefits, more and more people hope that through the establishment of companies to meet the aspirations of the sponsors must be based on legislators to establish the coordinates given by the system to act, shall not be contrary to company law on the establishment of the company set up by the many Conditions to ensure the healthy operation of the business community.The problem is that the rule of law as embodied in the purpose of its legislators in the social reality in the actual effectiveness is not consistent, this may be subjective rational legislators from their own limited as a result of the operation may also be the actual reason Due to lack of, may also be mixed, as well as from two other factors caused by, no matter what, on company law establishing a regulatory system consequences of the operation, the subjective design legislators may come to nothing. This allows us to draw a conclusion: pre-made by the legislators to set up rules of the static, and from the register before the establishment of the company to register the company after the establishment of a dynamic process. In this process, the establishment of flaws inherent in the company. Both theory and practice, any flaw in the company have put an end to the ideal is unattainable. Therefore, we should establish how to deal with the flaws of the company Flaw in the company can maintain its effectiveness. If affirmed its effectiveness, its flaws should be how to make corrections .If deny its effectiveness, how denied. All these are very worthy of study.