Tried On A Business License Of The Defects And Improve

Provisions in our existing business license embodies the national industrial and commercial administrative organs to implement the main provider of public power to control, but also in the private level, with the ability of commercial operators subject solidarity. Business license system is China's important to protect the commercial credit system, but because of confusion in the law and the function of the business license location ambiguity and other reasons, its practice and theory are a lot of deficiencies, which seriously affect the commercial transactions security and quick. This article from the perspective of civil law system of the business license of 11 tracing the theoretical context, to clarify the confusion between its provisions, then a comparative analysis, and to make appropriate legislative structure proposal to the business license on the system of our country have help.Besides the introduction and the conclusion, in the structure is divided into four parts:Part I: commercial registration and business license of the basic problems of the system. This part focuses on the following issues: on the business license system, the theory of the source, in our legislation in the business license of the nature of the business registration, business license required to register recorded items The existing rules of business registration business license location.Part II: Business License-related defects in the system. This part focuses on the following issues: business registration and business license notice the effectiveness of publicity, annual business license system defects, the current business license system requires the establishment and opening of the company caused by the conflict, the business license system is able to identify business functions question The company recorded operating business license scope of practice restrictions on commercial transactions, domestic revoke the business license system, the existing shortcomings.Part III: Other countries on the business license of comparative legislative systems. This section mainly discusses the following questions: Other countries on the nature of the business license requirements, qualification of business acquisition, and revoke the business license of a similar dissolution of the company system, the elimination of the qualification provider, the state of the main business activity monitoring business, the transaction security protection.Part IV: System of business license and suggestions. This section mainly discusses the following questions: accurate characterization of the business license, business license issued to confirm eligibility of the business rather than simply proof of the main eligible for the effectiveness of the business license to abandon the system capacity as a commercial (business status) that the practice of establishing capacity of the main business announcement system, and strengthen the use of business register system, the establishment of Letter of Credit System.