The Principle Of Investigation And Ways Of Relief On Modification Registration Of Corporation

As the most essential element and the most active market entity, corporation plays a more and more important role in the modern economic field. Corporation registration involves establishing the corporation as the main body of law and changing the rights and obligations, and has a major impact on improving the efficiency of transaction of market subject and enhancing the safety of supervision and administration of the state. In view of these, the legislation and practice among the establishment, modification and termination of corporation are becoming increasingly important. In China, the time of corporate registration is short in practice and related laws and regulations scattered among the Corporation Law, administrative rules and regulations of the Administrative Bureau for Industry and Commerce, which causes the lack of attention on legal standard of review in corporation registration. Besides, just few scholars do a little discussion and analysis about this issue. Based on the above reasons, regarding to adopt what kind of principle of examination in modification registration of corporation, the administrative bureau for industry and commerce and the judicial authorities are both confused on the theory and practice.This thesis comprehensively think over the Administrative Law, Civil Law and relevant typical cases to comb the theories and further study the standard of view through the view of the administrative counterpart, the administrative organization and the judicial office. I want to draw some experience through these efforts, and to clarify the confusion and to solve the entanglement.Besides the introduction, literature review and epilogue, there are four major parts in this thesis:In the third part, the author leads to the conflict existing in the typical cases and multi-dimensionally analysis it from the three aspects of administrative interested people, administrative organ and the judicial organization.The fourth part is mainly carried on exploring the nature, function and value orientation of the modification registration system of the company, in order to clarify the nature, function and value of it on the source.In the fifth part, the qualitative and quantitative analysis is used in the existing various examination principle, namely formal examination principle, essential examination principle and eclectic examination principle. Through of the analysis, the generalized examination principle is proved to be more appropriate. Meanwhile this part explores the approach of registration of corporate again by drawing inferences about other cases from one instance.In the sixth chapter, just as combing the theory aims to seek a way to solve the problem, specific analysis and comparison of advantage and disadvantage are dedicated to establish a new relief way-administrative reconsideration to figure out the contradiction and conflict that exist in practice.In this thesis, the perspective is changed to reflect on the modification registration of corporate. This thesis re-combs the nature, value and function of the modification n registration of corporation from the perspective of the relationship between administrative power and jurisdiction and the characteristic of the modification registration. In the meantime, it studies the principle of examination and remedies of the modification registration with the purpose of providing a new way to solve the contradictions and conflicts.