Shoji Registration Legislation

In the research of the commercial subject system, the commercial registration legal system is in very important position. As an important means of managing commercial subject activity, it gives commercial subject with the legal qualification, ensures its legitimate rights and interests, and helps to safeguard the normal social economic order, ensures the trade security.With the issue of the administrative license law, the commercial registration law that has already included in the country's legislation plan will raise speed to make further by the legislative authorities. The 16th National Congress of Communist Party of China points that people should promote system innovation through theory innovation. Legislation is undoubtedly the most important system innovations. So, in order to make commercial registration better, it is necessary to carry on systematic and deep research.Commercial registration is a kind of causal legal act. It needs applicants apply to the commercial registration legal authority according to the legal course. Commercial registration is a kind of behavior with public law nature in essence. It has reflected government's intervention in the economic activity to a certain extent. It is shown as the procedure law mainly. The public law attribute of commercial registration law can't no doubt be denied, but we must not emphasize excessively either, otherwise it may cause the serious consequence. We should emphasize their private law functions even more in economic development of market. As a juristic act, whether it is registered or not, it is true to register, and the special purpose to register will produce different legal effectFrom legislation of commercial registration in different countries, The legislative system of the commercial registration law in various countries is fallen into three categories: First, the mode represented by Japan that commercial law combines with single law; Second, the mode of civil law represented by Italy andSwitzerland; Third, the mode of single law represented by France, Hong Kong and Taiwan of our country.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 economical order and trade safety, meanwhile, we should notice that this system has many defects in our country: First, commercial registration value public law value more than private law value in our country; Second, commercial registration legal system paid much more attention to trade safety, less to economic efficiency in its value; Third, legislative forms of commercial registration are disorder and the level is relatively low; Fourth, great deal of legal files about commercial registration exist each other incongruously and they have many contradiction; The serious deviation exists in carrying out commercial registration in our country.Because the construction of commercial registration legal system in our country has many problems, we ought to reinforce construction of this system. The author holds that we should perfect our country's commercial registration system from the following aspects: Firstly, we must adopt centralized legislative model with relation to legislative system of commercial registration system. Secondly, About the legislative guidelines, we must be based on our country, draw lessons from foreign country. We should stress the commonality of the commercial subject, as well as reflect registered target's commercial particularity, dare innovation; Thirdly, Get hold of the guideline of commercial registration legislation emphatically, including commercial registration legal principle, commercial registration unified principle publicity and announcement principle, high-efficient convenient for people principle; Finally, the writer puts some suggestions about...