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Research On The Related Issues Of The System Of Subjects Withdrawing From China's Market

Posted on:2010-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2166360278972978Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In this paper, the Market Regulation Act arising from the need to start to describe the main exit of China's market system and the existing problems and damage related to the interests of creditors, and the main body of China's market to improve the legal response from the system and recommendations.The full text is divided into four parts:Part argument out of the market system and the relationship between Market Regulation Act and the establishment of market economics from the system basis, that the basic contradiction of the market mechanism, market and social autonomy of the market mechanism determines and give full play to its advantages in the same time , all kinds of market failure will also attendant. Therefore, the market needs regulation. Market Regulation is to maintain a balanced industrial structure, the market mechanism to protect the security and integrity of the overall needs of the market is to maintain order and to safeguard the interests of social equity and the public's needs. Market Market Regulation from the legal system, legal system is an important part of the establishment of a market economy out of the legal system is based on: Modern market economy, called for as trading goods and services generally have a high degree of professionalism and technical characteristics of the interests of both parties can be adequately protected, to a large extent determined by the main transactions of the credit, capacity and operating conditions. Moreover, in the modern market economy, the market allocation of resources with the basic position, however, the market allocation of resources is also a certain degree of blindness. To maximize the interests of market players, driven by motives, often too much emphasis on the interests of their own home disregard of public interests. To withdraw from the establishment of a market system, the prevention of blindness in the market to prevent the negative effects that may occur, no doubt an extremely important role.Part II demonstrates the establishment of the main exit of China's market system, as well as the practical significance of China's market from the main types and methods. Believe that the establishment of a market system is the main out of the market system to safeguard the security and stability is to protect the efficiency of market operations, the protection of client and community needs of the public interest is to adapt to economic globalization and international competition. Withdraw from the market players for different reasons in accordance with the standard can be divided into the following different types: based on the degree of market players out of the market's different, can be divided into complete and partial withdrawal from the two; based on the market out of the main reasons for the differences can be divided into enterprise bankruptcy ; Rectification of business (temporarily out of the market); automatically closed or removed; enterprise business license be revoked; enterprises automatically dissolved or forced to dissolve.Part III analyzes the current market status and the withdrawal of the main problems that the market players to withdraw from the current system can not meet the requirements of economic development, conflicts have become increasingly conspicuous. Market players to withdraw from the course of the damage to the interests of creditors, such as proceedings to terminate the provisions of inconsistencies, the main responsibilities of the liquidation shall not complete, liquidation procedures not clear and specific, malicious acts out of the market and so on, Creditors and other related interests can not be effectively protected.The fourth part in order to effectively safeguard the security market to protect the interests of creditors and the market should strengthen the mechanism of the main building, the main players in the market from the stock market to improve standards and delisting procedures. The main exit to strengthen market regulation and institution building, improve the system of protection of creditors. Recommendations: improve and perfect the market out of the main laws, regulations, and laws and regulations to ensure that market players to withdraw from the mandatory norms of conduct; Write-off to optimize and simplify the registration process, reduce the exit costs, to encourage and guide enterprises to legitimate write-off through normal channels; establishing and perfecting market players to withdraw from the supervision and restraint mechanisms, to strengthen the malicious acts out of the market regulation; establish and improve the credit management system, strengthen information communication between the main open market in an orderly manner in accordance with the law from the information; explore the establishment of enterprises with legal personality separate from the operating system qualified.
Keywords/Search Tags:Market Regulation, market exit, from the main market, exit mechanism
PDF Full Text Request
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