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Manufacturers Registration Of The Legal System

Posted on:2003-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:P F WuFull Text:PDF
GTID:2206360095951978Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The development of legal institution of commercial registration in different countries has demonstrated following facts, Commercial registration legal system is the base that the social power governs commercial activities of commercial subiects. It is a necessary part which commercial law controls and standardizes social economic relationship. Commercial registration legal system is the legal system which creates commercial subjects. It concerns the basic condition of market transaction. It not only impacts the interests of both parties, but also the whole social stability and foundation of market economic order. However, People hasn' t formed integral system about research on the theory of commercial registration system, especially in our country, academic circles paid a little attention to this system. There are not many systematic research and relevent comments on theory. Therefore, it deserves a deeper discussion both theoretically and practically.From legislation of commercial registration in different countries, commercial registration legal system mainly includes object of commercial registration, registration agency, types and procedures of commercial registration, effect of commercial registration and supervising and regulation of commercial registration. The foundation of this system is not only beneficial to perform and realize its function of economic management and fulfill market entry control of commercial subject for our country , but also maintain trade safety and lawful rights and interests of parties, and regulate commercial registration actions. Commercial registration law which is legislative form of commercial registration legal system has three legal characters: public law, compulsion, procedure. Commer-cial registration legal system in modern sense origins from Germany commercial law in 1861, which created the commercial registration legal system that is the models of commercial registration law in different countries. From the point of commercial registration legislation in different countries, its legislative models have uniform legislation, decentralized legislation and uniform - decentralized legislation.Commercial registration law embodies mainly procedural law, registration procedure is the main content of commercial registration law, which commercial registration laws in different countries enact exhaustively. In the way of application procedure, France and Italy demand the time of raising registration application. As for application means, the legislation of German requires that the written application raised by parties should be notarized. In the way of free degree, there are willing application and compulsive registration. As for registration agency examining it in what degree, there are three doctrines: formal examination, essential examination and eclectic examination. About the time of accepted registration, some countries define prescribed time about it. In the way of commercial registration announcement, there are different effects of registration announcement in different countries. What's more, the way of announcement is also different. As for the rectification and cancellation of commercial registration, their reasons and procedures which different countries' legislation requires are different.After China was founded, the commercial registration legal system of our country has been set up and developed step by step. China enacted lots of laws and articles. Socialist commercial registration legal system with Chinese character has been built up. Although the system exercised active function in protecting lawful rights and interests of commercial subject, maintaining normal social economic order and trade safety,meanwhile, we should notice that this system has many defects in our country. They manifest the following aspects: Legislative forms of commercial registration are disorder; Commercial registration legal system paid much more attention to trade safety, less to economic efficiency in its value; The liability that commercial subjects bear while...
Keywords/Search Tags:Commercial registration, Legal system, Procedures of commercial registration, Status, Problems, Reinforcing
PDF Full Text Request
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