Establishment Of The Company's Legal Issues

Company as a modern market economy, an important form of enterprise in China's socialist market economy play an important role, but the company was founded from the beginning of its establishment, not overnight, it takes time and process, the pre—incorporation company is the objective "group "in the process of establishing company, which is directly related to the health of the company after the establishment of operation and ongoing development of the company's establishment of the important legal issues related to research is absolutely necessary.I for the establishment of important legal issues in the company, based in China's company law legislation and judicial practice as well as theories of development trends and compared with two legal issues in the legislation of the patterns and theories of the important points to right Such matters in-depth analysis and research, thus setting up the company of legal issues related to legislative and judicial provide some suggestions to make our company law for companies to set up stage on the gaps in the legal system to provide a modest contribution.Full-text in addition to the introduction and conclusion, the text is divided into four parts:ChapterⅠ: The pre—incorporation company's basic theory. First, the company set up this chapter defines the concept, the concept of different scholars on the companies to set up the discussion on the basis of comparative analysis that should be both substantive and procedural aspects from the defined establishment, which includes both companies to set up a series of Legal acts and non-legal acts, but also in accordance with legal procedures; second discusses the establishment of companies to set up the link between the company and a clear distinction between the two; the final establishment of the company focuses on defining the concept of In the two legal systems and the academia on the establishment of the concept of different views in the company based on the analysis, pointing out that the establishment of the so-called company, is setting up a company from the establishment of an agreement entered into to obtain a business license registration is completed (or failed to establish The establishment of liquidation) of the period, to obtain legal personality has a certain subjectivity unincorporated; but also with the establishment of judicial practice in the company of the concept of attitude, that our judicial practice, the courts set up in The legal concept of the company and there is clear recognition of the relevant specifications to be adjusted.ChapterⅡ: The pre—incorporation company's legal property. This chapter first discusses the legal nature of companies established on the main doctrines of academic review and consolidate the results of previous studies that the company will be classified as non-establishment of the body corporate, the more appropriate and reasonable, but also with our future Legislation more coherent. Secondly, in company with the establishment of a non-legal nature of corporate real basis of this view, discusses the legal status of companies established, that should certainly be set up in such unincorporated companies have relatively independent legal status.ChapterⅢ: The promoters of the pre—incorporation company. This chapter first defines the concept of the promoters, the promoters of the concept of academic defined on the basis of analysis of several views, and pointed out that China should be combined with the concept of substance and form are two theories to define the concept of the sponsors, and our And the two legal systems in the legislative definition of the concept of the promoters is reviewed, pointing out that the sponsors of the legislation defines the concept of the inadequacies and the two legal concepts in defining the difference between the promoters. Secondly, it discusses the promoters of the legislation on eligibility requirements, and comparative analysis of the two legal sponsor legislation on the eligibility requirements. Again, discuss the legal status of the promoters, the promoters and the analysis of the legal relationship between different objects, based on the analysis pointed out that the legal relations in the different promoters is reflected in the different legal status, that is, when the promoters are the promoters When a partnership between the various promoters of the legal status of the promoters of the members of the partnership; in the promoters and the establishment of the company's relationship, sponsor partners as a whole, its legal status is established in the company Authority. Finally, the two legal systems of the sponsors of the provisions of the law review responsibilities, and discussed the legislation on the promoters of liability provisions.ChapterⅣ: The company's civil liability. First chapter dealing with the establishment of common law countries, ownership of corporate responsibility in the way of analysis and comment. Secondly, the establishment of civil law countries in dealing with corporate responsibility in the way of attribution analysis and comment. Finally, in this based on how to deal with the establishment of corporate responsibility in the classification of the ownership, combined with legislation and judicial practice in China to make conclusions.