Study On The System Of Company Establishing Registration

The company’s position is increasingly important in the modernsocial and economic life. The company registration system as economicresidence registration system and the company establishing registrationsystem as the market access control system are directly related to thesafety of the market transactions and the stability of the whole marketeconomy, and guarantee market traders’, economy administrators’security. Economic democracy is the main theme of this era, andcompany autonomy is already the basic principles of the nationalcompany law, but the efficiency and safety can not be separated from thelegal regulation of market transactions, the company establishingregistration system as the first threshold of legal regulation, and itsimportance is self-evident. In this paper, by investigated the valueorientation of the company’s legal system, based on the tendency of thevalue orientation of the specific system determines the specific provisions.Based on analysis of the existing system defects，it analyzes the mainproblems in the examination system and the defective registration system and puts forward some legislation suggestions，and may be the legislationand practice of our country’s company registration would benefit from it.The paper has three parts totally. The first part: the value orientationof the company establishing registration of the legal system. First of all,recognize the significance of the research on the value of law method intheory, the value of law have very clear guidance on the legislative,judicial and law enforcement. Second, analyzes the of the basic valueorientation of the company establishing registration of the legal system isthe efficiency and safety. These two value factors is more evident theestablishing registration of the legal system. Then, after analysis andcomparison of China and foreign legislation and practice, the conflict ofsafety and efficiency is resolved; our establishing registration of the legalsystem should give priority to the protection of the efficiency value.The second part: the legal system of company establishingregistration and examination. The nature of the company establishmentregistration determines the principle of examination system, therefore,this part discuss the nature of the company establishing registration of the legal system first of all, concluded that the company establishingregistration of the legal system is administrative acknowledgementbehavior. Secondly, analysis the principle of the legal system of companyestablishing registration and examination. This part introduces andcompares substantive examination principle, formal examinationprinciple. Then this part makes a study of our country’s legal system ofcompany establishing registration and examination currently, reflect onthe disadvantages and defects of the legal system of company establishingregistration and examination in our country. Think that we should use theformal examination principle according to the priority to efficiency value,and put forward countermeasures to avoid its shortcomings.The third part: the defective registration system. First introduced twodifferent legislative models on the defective registration system in thecommon law and civil law, one is admitting doctrine, other is disaffirmingdoctrine. Then this part analyzed our country’s legal system of thedefective registration and its shortcomings. By review laws andregulation in our country currently in effect, finds out the mode and disadvantages of the legal system of company establishing registrationand examination in our country. By comparing the legal effect mode oftwo legal systems, put forward some specific suggestions for ourcountry’s legal system of the defective registration.