Commercial Registration Efficacy Study

Efficacy of commercial registration of commercial registration refers to related subjects and legally binding. Study of the effect of commercial registration, for the commercial registration system to further standardize and improve has important significance. Registration and commercial registration efficacy depends on the commercial function. The commercial registration act has the nature of public law, the main manifestation of administrative affirmation and legal information behavior. The basic concept, function of commercial registration in the validity of commercial registration, this paper advocates should include creating validity, antagonism, public confidence validity, claim validity and effect of evidence, and respectively discusses.Creating validity is the basis of commercial registration efficacy, refer to the registration authority by the registration administrative confirmation of the qualification of commercial subject, confirm the business subject qualification, business qualification, and confirm the efficacy of commercial registration to create commercial subject. The resistance effect refers to the commercial subject according to the commercial registration to the registration organ for the registration of real and by the registration authority the information recorded in the register and confirm the announcement, but the registration act is carried out in accordance with the content and procedures prescribed by law, is presumed the public knows or should know that these registration, effect of commercial subject can be free the responsibility to third party according to the registered items. Commercial registration by the registration, registration of the applicant according to the registration items against the claim of the third party, so get exemption. Public confidence validity refers to the commercial subject on the basis of commercial registration content and procedure of relevant laws and regulations of registration and announcement and confirmed by the administrative authority, registration and announcement of the content has the legal credibility, even if the content is wrong, trust the content of the interests of the third party should also be protected by law. The male letter for commercial registration includes two aspects: the facticity of commercial registration presumption of validity and good protection effect, and their theoretical basis is the appearance and the administrative behavior of public power. Claim validity refers to people the right to request access to, copy the registration authority. Efficacy of commercial registration effectiveness and credibility in many cases to achieve it, the request right therefore, here is our claim was regarded as a validity of commercial registration. Effect of evidence refers to the registration provisions in accordance with the law of commercial registration by the registration procedures, the announcement, the register contents or registration certificate contents have certain proof of effectiveness of authenticity, legitimacy of the recorded content. In this paper, through the study of commercial registration efficacy analysis, find the value of its existence as well as the disadvantages, provide improvement suggestions, so as to benefit the perfection of commercial registration system in china.