Foreign Legal Recognition Problem

International exchanges have been on the rise with the development of world economy. Legal person,as the main participant in foreign civil and commercial legal relations,plays a significant role in international civil and commercial affairs. Foreign legal persons,for the convenience of business activities,tend to establish more and more branches in China. Therefore,the legislation for foreign legal person recognition in various countries and China's relevant regulations in this regard are of high research value.This paper makes a brief introduction of legal person recognition in foreign countries in the first part,analyzes the relations between legal person recognition and legal character,the subject,duration,revocation and cancellation of legal persons in foreign countries and on the basis of comparing and concluding their experience,it bring forward suggestions of the improvement of China's legal person recognition system. The paper is divided into the following six paragraphs:Chapter one is a brief generalization of the theories of legal recognition and legal character in foreign countries. It mainly deals with the emergence of legal recognition in foreign countries,recognition system and trade safety as well as their manners of recognition. Authorities would judge if a foreign legal person is qualified on the basis of its attributes so as to protect domestic trading safety. Then,the legal person is considered to be born with legal characters but this does not render it that the domestic authority would have to endorse this legal person the right to operate within its territories.The second chapter deals with the subject of legal person recognition in foreign countries. Under private international law,the recognition of a foreign legal person demands verification of its home country and of the fact whether it's recognized by its authority. To be effective under foreign legal person law is a prerequisite for the recognition of foreign legal person. Therefore,the first part of this chapter deals with relevant attribute laws of legal persons which is then followed by a separate discussion over the subject of legal person recognition under categories of social ?group legal person and financial group legal person.The third chapter covers efficacy of foreign legal person recognition. It first deals with the two theories of supposition and proclamation and then deals with the efficacy of foreign legal person recognition. The degree,realization of legal person operation rights and efficacy of unrecognized legal person are then explored.Chapter four is on the revocation and cancellation of foreign legal person recognition. The meaning of revocation and cancellation is expounded on and further analysis is made by comprehensively comparing the legislation in this field by various countries.Chapter five introduces the status quo of China's foreign legal person recognition system and improvement of its legislation in this regard. The current legislation over foreign legal person recognition is studied in the first part of this chapter. A new way of legislation is then proposed,that is,to apply the principle of closest connection in considering foreign legal person attributes. Divide the recognition and permission for foreign legal persons in legislation process and make suggestion to current issues surrounding foreign legal persons.