Study On The Effectiveness Of China's Commercial Registration Law

This dissertation refers to legal efficacy of commercial registration. The author, through exploring the general legal efficacy of commercial registration and the relationship between legal efficacy of commercial registration and each specific system in legal system of commercial registration, such as investigation system of commercial registration and proclamation system of commercial registration, systematically researches the legal efficacy of commercial registration. The author considers that the legal efficacy of commercial registration is not a single-order structure but a poly-order structure and the research for legal efficacy of commercial registration should be analysed from different orders. The author hopes to contribute to improve this system so as to protect the interest of commercial subjects, to guarantee transaction security, and to improve transaction efficiency. The whole dissertation is divided into five chapters. In first chapter, the author systematically researches the general condition of legal efficacy of commercial registration. He considers that commercial registration is a poly-order efficacy structure and legal efficacy of commercial registration should be researched from different. Finally, the author analyses the commerce and commercial registration. The author analyses different scholers' views on legal efficacy of commercial registration and considers that the legal efficacy of commercial registration is poly-order structure. Secondly, commercial registration is divided into establishment registration, modification registration and termination registration, according to the reasons evoking the commercial registration. The legal efficacy of these types registration is different.In second chapter, the author discusses the legal efficacy of commercial registration to different subjects such as the applicant, the third part and the registration institution, especially the legal efficacy of commercial registration to the third party in different condition. At first, the author analyses the creation efficacy and irresponsibility efficacy of commercial registration to applicant. Secondly, the author minutely researches the different legal efficacy to the third party in three kinds of condition. Finally, the author explores the legal efficacy of false registration. The author researches the effect to registration efficacy from the specific content of investigation system of commercial registration and investigation system itself in chapter three. There are three types of investigation system which are formal investigation, substantial investigation and eclectic investigation. The certificate efficacy of these investigation systems is different. The certificate efficacy of formal investigation is weakest while that of substantial investigation is strongest. The eclectic investigation claims that the registration institution has the right of substantial investigation but dose not have the duty of substantial investigation and the registration certificate efficacy is between formal investigation and substantial investigation. In chapter four, the author analyses the effect to registration efficacy from the specific content of proclamation system of commercial registration as well as proclamation system itself. Finally, the author introduces the concept and characteristics of commercial registration proclamation as well as the value of proclamation system of commercial registration. Then, the author discusses the effect to legal efficacy of commercial registration from commercial registration proclamation. In chapter five, the author researches other specific system of commercial registration and commercial registration efficacy and explores the effect to commercial registration efficacy from other systemof commercial registration. The author considers that business name has creation efficacy, exclusion efficacy and succour efficacy .Then the author discusses the legal efficacy of the commercial subject operation range on commercial registration in our country. Finally the author explore...