Civil Ability Of Enterprise Legal Person Business License Revoked

Whether do enterprises have legal person's qualifications, after it's business license are revoked, it is a thorny problem often met in present judicial practice. What does it means the business license of the enterprise as legal persons being revoked, what kind of influence can be produced to its one's own and creditor, and questions about clearing, all demanding prompt solution. While legal system serving social economy, a country need to have certain amounts of function organizations, carry out the concrete law in terms of each function, in their course of division and cooperation, promote the development of social and economy effectively. Because social duty of every function organization is different, it must have positive or passive conflict. On one hand, the administrative departments for industry and commerce treats the Business Licenses for Enterprises as Legal Person, consider from public law, eliminate the main body of market not with management qualification out the market by force, But it has ignored consequence of business license being revoked on the private law, the problem what who responsible for civil liability can't be solved. Business license being revoked, enterprises as legal person's status disappear, it will make the creditor's interests loss, make lawbreaker gain behalf, it even incurs loss to be market economic order and sincerity of civil activity course finally. And on the other hand, judicial authority lay particular emphasis on solving of dispute, no matter what kind of dispute, the bearing of credit and debt want carrying out finally. So it pay attention to lawsuit subject qualification after business license is revoked, make the creditor's legitimate rights and interests not incur loss because debtor's business license is revoked.Civil capacity change after the business license for enterprises as a legal person is revoked is emphasis I analyse, After the business license for enterprises as a legal person is revoked, its capacity for civil rights has not been lost, just limit partly;its capacity for civil conduct isn't end with its capacity for civil rights at one time, After the business license for enterprises as a legal person is revoked, its capacity for civil conduct is deprived;while its capacity for civil conduct being deprived, its capacity for civil liability isn't lose, So long as it has the behavior, then the capacity for civil liability cann't lose.Business license is anlegitimate certificate issued by the authorities in charge of the registration of enterprises to give approves the registration legally and permits it to be engaged in production management. After the business license for enterprises as a legal person is revoked by the administrative departments for industry and commerce because violate the laws and regulations, and before cancelling its registration, it is forbade to pursue the activity outside the liquidation scope, its legal person's qualifications still lasted. Unifies the above analysis, the author has pondered over the correlative system. To solve the large numbers of problems that the business license for enterprises as a legal person is revoked, the first, must unify the correlative legal rule, the second, reduce the cost which cancels, enhances the price which be revoked, the last, establish the systemic credit system, make the correlative punishment to put into effect. Hope to provide some help for discussion of correlative problems.