| This article contains three parts:The first part, the concept, legal characteristics, nature and role of theCommercial Registration. The concept of business registration is a registration system,the logical starting point of research and commercial matters, the paper first discussedin detail the concept of business registration and research. Commercial Registration isthe corresponding provisions following the specialized Commercial registration lawand other special law, in accordance with the relevant entities requirements andstatutory procedures, the relevant parties to the registration authorities propose toapply for, registration authorities will be should the registration matter of registrationof statutory documents and made public, and as a basis, change the termination of theCommercial main qualification of the legal acts upon a clear concept to continue toexplore the Commercial registration law characteristics, the nature and role:Commercial registration is to be type legal acts, with significant mandatory, its legaleffect is the establishment, alteration and termination of the business subject legallyqualified to seek legal confirmation for the business activities of many participants. Itspurpose is to protect the interests of consumers and strengthen the supervision andcontrol of the business subject. The nature of the registration in the Commercial law isdefined on the mining private behavior. In addition, It should be noted that theCommercial Registration Act play an important role in maintaining the legitimacy andcredibility of the commercial subjects, facilitate transactions quick, ensure the securityand basic accounting information for national macroeconomic regulation and control.The second part, commercial registration of the legal system. Including thebasic principles of business registration, type, registration procedures and theireffectiveness. The basic principles of business registration, including registration ofthe principle of openness, the principle of compulsory registration and full registrationprinciple. Establishment registration, alteration registration or cancellation ofregistration and the name of pre-approved and registered, together constitute the typeof the Commercial Registration. Application and acceptance, the registration authority,review, approval, registration and public together constitute the registrationprocedures of the Commercial. General effect on the effective discussion of business registration from the Commercial Registration, false registration Charade and thespecial effectiveness of the three aspects of the Commercial Registration.The third part of the status of the Commercial Registration reform andimprovement. German, Japanese, French, British and American CommercialRegistration of legislative research, the specific terms of China’s CommercialRegistration of the legal system from the following areas to improve: First, theCommercial Registration of France’s legislative style, to develop commercial mattersregistration law. Second, the legislative value of the Uniform CommercialRegistration Act should be more focus on efficiency. Third, based on nationalconditions on the basis of focus on absorbing the experience of other countries. Fourth,to establish the main place of business of business registration system, repeal of thecurrent classification of the registration system. Fifth, to further clarify theresponsibility of the Commercial registration authority.In the specific studied process history research methods, comparative researchmethods and value analysis of research methods, based on a comprehensive grasp ofChina’s Commercial registration system of the basic content of the two aspects ofhistorical and practical analysis of foreign Commercial Registration legal system.And then return to reality, to study the status and problems of the CommercialRegistration. Finally, the views of legal system reform and improvement of theCommercial Registration in China. Hope for China’s commercial matters registrationsystem and even to reform and improve the commercial law system as a wholeprovide important theoretical support to the future in China to develop a unified"Commercial Registration Act. From a practical point of view, the contradictionsbetween the rules and regulations of the Commercial Registration in China to changethe order of the Legislative layer is not high grade, regulatory gaps and blind spots,the main differential treatment of different commercial matters also has a guidingsignificance in practice. |