The Research On The Correlation Between Civli And Administrative Issues Concering The Dissent From The Company Registration

The company registration is neither a formal examination nor asubstantive one, but a specific examination based on legal requirements. Theprinciple of prudence should be applied in the administrative process ofcompany registration as a minimum standard, which gives rise to thepossibility of examination of correlative civil issues. Matters of truthfulnesscan be examined in the administrative action especially the authenticity of thesignature and application materials. A defective company registration whichgoes through the prudential administrative examination is to be revokedthrough judicial review. The judgment for revocation is not a form ofliability.In civil actions, the legality of registration concerning civil issues can beexamined according to civil law, not administrative law. Matters of legality can be verified but can not be declared. The facts which are verified in aregistration can be examined as evidence in civil actions. Civil issues arealways examined in civil actions prior to administrative actions. A companyregistration which is the subject of an administrative judgment should berecognized in civil actions with some exceptions. The difference betweeninterior disputes and exterior disputes is crucial to the examination of thelegality of a registration. The original state can’t be restored automaticallyafter a registration is revoked. A specific procedure of declaration of thevalidity of the original registration should be provided in the administrativeprocedure law. Acceptance procedure is essential to the reduction ofcorrelative issues. The designated jurisdiction in civil action can be used as amethod of dealing with the conflict of correlative cases. Policy analysis isalso a relevant matter in coordinating correlative cases.