Remodeling Of Business Registration Legal System

Commercial registration legal system is the legal system which creates commercial subjects. It concerns the basic condition of market transaction. It not only impacts the interests of both parties, but also the foundation of market economic order and even the whole social stability. In our country, academic circles paid a little attention to this system, and there are not many systematic research and relevant comments on it, which cause the theoretical study of this system has not formed a integral system. Therefore, it deserves a deeper discussion both theoretically and practically.The article takes our country's commercial registration legal system as research object, and selects the core issues to discuss. It proposes the opinion on the series of questions of the commercial registration legal system, expects to benefit its reform and improvement.In discussion, the author has mainly utilized the generalized analysis method, the historical studies method and the comparison research technique. Through the study and comparing of the commercial registration law in Germany, France, Japan and Hong Kong, Macao and Taiwan area, and so on, the author consciously combines with the domestic and foreign relevant experience, summarizes the defects of relative systems in our country, tries to discuss commercial registration's nature, legal effect, body registration and business registration as well as the legislation question, therefore brings forward some suggestions to remodel commercial registration legal system in China.The article is divided into five parts:The first part sums up a series of questions existing in our present commercial registration legal system, thus draw out that it's urgent to remodel the modernized one. Firstly, the author summarizes the concept of the commercial registration and the commercial registration legal system, as well as its important position in commercial body system and market economy. Secondly, it explains some questions in our present commercial registration legal system. Finally, the author believes that our commercial registration legal system needs to carefully examine and remodel.The second part analyses commercial registration's nature emphatically. At the First, it introduces that there are three theories about the nature in our country's academic circles: the public law behavior, the dual natures and the civil law behavior. Next, it discusses on the first two theories. In three theories, author approves the civil law behavior theory. The author believes that the commercial registration is one kind of civil law behavior essentially, and elaborates reasons detailedly.The third part researches on legal effect of the commercial registration. Scholars in Our country have carried on elaborations from the different angle about the commercial registration's legal effect. The author believes that establishment potency and antagonism potency are essential potency of the commercial registration, which manifest its value.The fourth part main elaborates that body registration and business registration should be separated. The author believes that body registration and business registration should be separated. Registration should be regard as the procedure of obtain the body qualification; business license should be regard as the procedure of obtain the business qualification. And, it is necessary to record the business scope on the business license.The fifth part carries on elaborations on uniform legislation question. Our present commercial registration legislation has many questions, which has hindered the construction of the organic system, and bring enormous inconvenient to give enforce the law and obey the law simultaneously. Uniform legislation is the legislative pattern which most countries use, our country also should use this general legislative pattern and formulate "Commercial Registration Act".