Research On Commercial Registration System

Commercial registration system is an important part of commercial law. The system helped the parties to understand the commercial subject's capacities to forecasting the risks and to safeguard their legal rights are not to be violated. The As social and economic development, China's fragmented and complex commercial registration system is no longer fit the basic requirements of market economic: equality, freedom and effective competition, also unable to adapt to modern economic and social development. Thus, summing up the theory and practical experience of commercial register, improving the legal system of commercial registration, to ensure security of transactions, protection of public interests, will undoubtedly have important practical significance to promote China's socialist market economic system. Besides the introduction and conclusion, the thesis divided into four parts.The first part is about the basic theory of commercial registration. The part discussed the concept of commercial register, the character and property of law and pointed out that the commercial register is a behavior mixed the public and private law. Meanwhile, to analyze the legal nature of the commercial registration, pointing out that the commercial registration is a behavior mixed public and private.The second part compared the registration system in foreign countries. In foreign commercial registration, the legislative model is divided into a unified model and decentralized model. There are four establishment principles: Free, guidelines, strict and administrative approval principles. And there are three set modes: administrative, judicial authorities and social intermediary organizations modes. This part also analyzed the legislative model of registration, registration modes, the principles of establishment and set modes. The second part also carefully analyzed the historical background and their advantages and disadvantages, providing the experience to improve China's commercial registration system.The third part analyzed China's present commercial registration system. This section analyzed the economic system, the legislative framework and sectoral interests, summed up China's current commercial registration system with these characters: peremptory registration, diversification of legislative forms, pre-approval, classification registration, etc. This part also pointed out nine problems of China's commercial registration system. First is neglected the value of private law. The second is the decentralization of legislation. The third is the conflict between the laws. The Fourth is to ignore the principle of efficiency. The fifth is the uniform of registration and classification procedures. The sixth is the serious deviation in execution. The seventh is the unclear legal liability. The eighth is the troubles by the separation of main and business qualifications. The ninth is the imperfect of supervised and correction system.The Fourth Part made the suggestions to China's registration systems. This part is the core of this thesis, mainly with China's specific national conditions, introspecting and foresight how to improve the commercial registration system. The Thesis defined the guiding principle of commercial register and design of Commercial Registration Act. Secondly, the thesis pointed out eleven aspects specific direction in institutional innovations. The first is combination the compulsory registration and voluntary registration. The second is to reform the organization of commercial registration. The third is trial implementation post-trial approval system. The fourth is to adopt the form of review. The fifth is to establish the registrar system. The sixth is to reform the inspection system. The seventh is to cancel minimum amount of capital to registration. The eighth is to cancel the business scope registration. The ninth is implementation of e-government and online registration. The tenth is Separation of the main and business qualifications. The last is integration the main commercial categories.