Study On The Defective Incorporation Withdrawal System

At this stage there are many treatises about the establishment of defective incorporation inChina, but the research and study on defective incorporation withdrawal system is barely find,sometimes even in a awkward phase which is being ignored. This paper uses literature analysis,comparative investigation and the combine of theories with practice methods to analysis theestablishment of defective incorporation withdrawal system’s legislation and fulfill policy,in orderto put forward some feasible suggestions.The body of this paper is mainly divided into4parts:The first part is to discuss the establishment of withdrawal system for defectiveincorporation’s concept definition. Firstly it needs to clarify the concept of company establishmentwith defects from the background of incorporation establishment. And based on this, it leads outthe establishment of withdrawal system in defective incorporation’s concept and its suitablecircumstances, and then focus on the essential characters of “revoke”. Eventually it has todifferentiate from other related systems to better understand this system’s basic theory andfundamental concept.The second part is to introduce the comparison of establish defective incorporationwithdrawal system between domestic and international. This part can divided into two aspectswhich including the legislation analysis of Civil Law system and Common Law system. In themeantime, when introduce two systems among these countries or regions, it also needs to payattention to the comparison between these two systems, and its inspiration for our country’sestablishment of defective incorporation withdrawal system, thus to provide reference in order toperfect our country’s establishment of defective incorporation withdrawal system.The third part is to explain establishment of defective incorporation withdrawal system’s legalpractice and reflection, mainly through legislation practice and executive practice. First of all, itcombines relevant cases and documents to introduce establishment of defective incorporationwithdrawal system, including both domestic and international establishment of defectiveincorporation withdrawal system. Then get feedback from establishment of defective incorporationwithdrawal system legislation practice, including the inspiration from its establishment processinternationally and the recent problems in this establishment process domestically, and make this part as the part of foundation of improvement.The fourth part dissertate establishment of defective incorporation withdrawal system’simprovement in legislation aspect. Firstly, it focus on Substantive Law, which based on the presentsituation of our country’s 《Commercial Law》 and its relevant legislation file analysis toestablishment of defective incorporation withdrawal system, also combine specific case, analysisthe argument of existence of this type of legislation, and its room of improvement. Secondly,consider the practical side, it mainly estimates the introduction of litigate mechanism’s feasibility,thereby find the essence orientation of litigation, arrange the special procedure of litigation andimprove the judicial decision of litigation.