The Company Flaws Establishment Of A Legal Regulation

In china, defect in corporation establishment is a realistic puzzing problem in legislating practice and executing practice of corporate law .It must be regulated by law as soon as possible in order to be placed on the track of legislation,which is nessisary demand to acomplish rules of corporation establishment,to enhence the operativity of corporate law,to mend the structure of corporate rule.In countries who are belonged to the Common law legal system,legislaters approval the validity of those defect in corporation establishment,persist the foundmental principle of enterprize maintaince,stable these exsisted socical relationship,faciliate the transanction with effort,realize the commercial efficency,so as to keep the consistence and stableness of human life and social economy,promote the society's overall wealth;The countries and areas who are belonged to the mainland legal system,legislaters genernally deny the validity of those defect in corporation establishment,they adopt the substantitive nullity rules of defect in corporation establishment ,but they attach many restriction to the execution of the system on one hand ,avoiding the actual declaration of nullity of the defective corporation ,they try to faciliate effectively the exsistence of the enterprize ,to maintain the finished transancting relation;on the other hand.they also emphsize the benefits ballence of relative subject related to the corporation,pay much effort on the maintence of legal order and the unificative implementation of the civil law and commercial law,try to keep fairness,security,efficency at the same time.Two kinds of regulation pattern by law are carried out effectively in respective country.All of the countries receive good result by their respective regulation pattern. There is a obvious loophole in our country's present legislation: our country have no clear and complete regulative rule on defect in corporation establishment,furthermore,the adminstrative documents and the judicial interpretation are mutually contradictory.the present stipulations are aimed to solve the single practical problem,and has no way to solve the other complex problem efficently.In the view that our country has the traditional thought of mainland legal system and legislation idea,considering the condition that lower social confidence and bad corporation credit in macoecnomic area in china are still the present fact There are defect and loophole in today' legislation,the properation rate of corporation establishment is rather low,it's too early for us to say the economy rules are being perfect carried on,so the macroeconomic regulation and controll on subject entering of maket should be strengthened. Our country should imatate the nullity regulation pattern on defect in corporation establishment of mainland legal system,pay more attention to the establishment of initial transanction order and protection of creditor.Therfore,the legislation must make the repairable defect be rectified,restrict the acctuall nullity declaration and dismission of defect in corporation establishment,maitain the present social relation's exsistence,stable ecnomic order and life order,reduce the social cost ,realize the unification of fairness ,security and efficency.When our country's corporate law was revised in 2004,it almost has no excessive touch with proplem of defect in corporation establishment,there are erronous area in...