The Study On Enterprise's Business License Revoked And The Lawsuit Qualification

At present In our country how to affirm the litigation subject qualification after the business license of an enterprise legal person has been lost has not the unification of clear determine legal basis,and the problem is widely existing in thejudicial practice.About this problem this thesis study and reaserch the current laws in our and foreign countries,including the Limited separatism about The civil subject and The civil litigation subject.And then do an analysis about the problems of our civil litigation subject system,giving a view of expanding the civil litigation subject scope,keeping the two subjects and different department laws unitive. As an important subject the business entity getting the right as principal has the close relationship with the business license.The thesis has reaserched its nature and function, listting and analysising the reason of business license loses.Using the induction and the deduction to discuss two situations: the revoked and the cancelled.It gives an view that we should set a clear standard of getting the two subject.The business license should be the sign of the business qualification.Losing the license should not get the enterprise lose its civil subject qualification.About the liquidation it has gave some effective measures that the enterprise who lost its license joined in the litigation,from the relationship between the nature and the litigation subject of the enterprise in the three stage of liquidation.