A Study On The Effect Of Commercial Registration

Commercial registration system has not formed a consistent worldwide legislation pattern, as commercial activities gradually rise, commercial registration also grew rapidly. Need to get the business qualification of commercial subject to responsible for the registration administrative organ, the filing of registration authority shall grant it engaged in commercial activities after the assessment of qualifications of legal act. Commercial registration validity refers to the commercial registration as a legal behavior, to achieve the business qualification of commercial subject and commercial activities of the other party as well as the commercial registration administrative organ has the corresponding legal effect, the commercial registration of legal force is called.The classification of the effectiveness of the commercial registration in the academic circles have been divided and the law, on the one hand that qualification of commercial activities is a kind of "talent" right, commercial registration is an acknowledgment of the registration authority for business subject qualification, the commercial registration is confirmed. On the other hand, think of commercial registration has a creation and desire are the main body of commercial activities, submit an application to the responsible for the registration of commercial registration authority, after check the business registration authority, examination, registration, after the announcement, the main body to create a legitimate business subject qualification and business qualification for legitimate business activities. At the same time, the commercial registration also has a trust and credibility in the first proposed by Japanese scholars, the concept of commercial registration refers to a trust, in business subject qualification engaged in commercial activities, has been confirmed after review of the commercial registration authority, can qualify the legal and effective, and has the force of law, a third person in good faith for the business qualification of trust and its legal transactions shall be protected by law, Among them, even the registration of the public does not accord with the objective facts existing situation, the flaw is registered, the third person in good faith for the trust of the commercial activities of the commercial registration authority is protected by law. Commercial registration of the third kind of effectiveness is valid, fight effectiveness refers to the business subject after a review of the commercial registration authority to register, can register situation against a third party claim, commercial subject for exemption right, a third person in good faith can’t unknown registration claims regarding the specific situation in the process of trading, Business main body can be registered against a third party claim, against the effect of produce is the objective demand of the registered value, as a kind of balance effect exists in the process of trading, if provide the effective protection of the rights of a third person in good faith, then fight effectiveness is to protect the rights of commercial subject in the process of trading。Business subject if it claims against business transactions, it must have been made in the registration authority legal qualifications and have fair show, if it is false registration, there are no more valid. The author made this paper through the six parts of commercial registration effectiveness to conduct a comprehensive analysis of the system.