Company Registration System

Corporate is the main form of the market-oriented economy, and it is one of the most important business subject in the world, so it is obvious that corporate plays an important role in the development of the world economy. The registration of corporate is the important legal means to promulgate its information, to supervise corporate and to protect the transaction security of the market subject. But the corporate law practice in our country is short, and there are still some scarcities in the corporate registration, so it leads to some chaos and some adverse influence. The paper tries to study the theory of corporate registration, to analyze its nature, to discuss its value and its validity, to trace its historical development and to form a fundamental cognition of corporate registration. Based on these, it analyzes the main problems in the registration practice and puts forward some legislation suggestions, and maybe the legislation and practice of our country's corporate registration would benefit from it.The paper has totally three parts. The first part focuses on the theoretical study of corporate registration. First it quotes three representative viewpoints, the claim for public law behavior, the claim for private law behavior and the claim for the combination of public and private law behavior, and it also analyzes the fundamental purpose of registration which is public demonstration of corporate information, and then it draws a conclusion that the corporate registration is a confirmation-of-right concrete administrative behavior, that is to say, public law behavior. Later it analyzes the values of registration which are protection of the transaction security improvementof the transaction efficiency and maintenance of the good faith of corporate. Finally it analyzes the validities of the registration, the general validity can be divided into two parts, they are the confirmation-of right validity and confrontation validity; and the concrete validity can be divided into three parts, they are proof validity, public confidence validity and resistance validity. And then it forms the theoretical cognition of registration and lays the foundation of analysis the practical problems in the corporate registration.The second part, study on the registration system both home and abroad. It begins with three historical periods and studies the development rules of registration , and then it thinks that corporate registration is the necessity of the practice ,not the outcome of systematic design. So we should pay more attention on the registration practice since lawmaking is developing from the practice and serves it.The third part, the main problems and improvements in the corporate registration of our country. In this part, it analyzes the duty for corporate and the third party which the registration agency liable for owe to its own reason, it also puts forward some lawmaking suggestions on the duty of registration agency, and then it analyzes three fields which many practical problems lie, they are the registration, the modification and the repealing, but it only lists the practical problems and doesn't analyze them, in order to arise the concern of lawmakers and the law circle, then it may be solved by many talents.