Discussion About Anonymous Partnership And China’s Constructional Path

Dormant partnership is a kind of contractual relationship, partnership is a special form, in the countries of mainland legal system is a long history of development. It originated in Arabia" Kang Mengda"(COMMENDA) contract, and in the middle ages stereotypes. Thereafter, the dormant partnership legal status in Germany, Japan, France and other countries and China’s Taiwan region has established, and with its flexible and diverse forms, relatively stable relationship, mixed responsibility and wide application and favored by investors and choices, such as Germany and Japan, the country such as the law, and Taiwan area of our country and other countries of continental law system plays an important role in the economic prosperity. In the company of the form of the rapid development of modern society, the dormant partnership with its powerful vitality is still prevalent, and gradually become the promotion of economic and social development the efficient and flexible important financing way. In our country, the dormant partnership of this enterprise form is not being related laws shall be clearly defined, but in judicial practice of many examples indicates that, this kind of enterprise form in China is still the existence. However, this form of dormant partnership enterprises in fact and in practice exists, running and to our country economic and social contribution, in the absence of corresponding legal system case, makes the modern society as everyone knows the market economy is legal economy this one judgment in the law theory circle of our country especially in judicial practice faces the practice and the fact that the tortured and questioned, and to a certain extent, our judicial authority brought trifling bewilderment and challenge. This article attempts to China’s judicial practice in the presence of dormant partnership examples for the perspective of dormant partnership, is this enterprise form, concept and historical development of this enterprise form different regulations was made relatively systematic collation and comparison. Finally, this article through the tube as in our existing legal system, especially in China’s current" partnership enterprise law" and the" company law" of the modern market economy the enterprise main body shape defined, in the traditional theory and the predecessors of both on the basis of the research achievements, the analysis points out, the legalization of the socialist market economy on the requirement of modern market economy main body in existence, establishment conditions, establishment procedure and how to run and other aspects should be with the system in the form of the specific regulations, to ensure that the main body of the market economy is legal change, this is market economy and fair competition, orderly development premise, but also the realization of legal system to ensure the market economy system operation is inevitable requirements. Dormant partnership as free in China’s modern legal system and to promote economic and social development has contributed to the fact enterprise form, ought to admit of no exception whatsoever.