A Discussion On The Company Registration Authorities’ Liability For Damage For Registration Errors

Company registration is the core system in the operation of modern market economy and the errors init lead to malfunctions of company registration system. Company registration authority is the last step inthe whole process of company registration and it is the most important one as well. The establishment ofsystem of company registration authority’s liability for damage for registration errors means a lot to thecredibility of company registration because it not only urges the company registration authority to earnestlyperform its duties but compensate the loss of the victim of the company registration errors. The legislationof this field in China mainly lies in administrative responsibility and criminal responsibility while the civilresponsibility and relevant academic research lack. Starting with the legislative and academic researchstatus of this field, this article aims to propose beneficial academic ideas and legislative suggestion.Besides the introduction, this article is divided into five parts:PartⅠ：The status of legislation and study of the company registration authority’s liability for damageof China. This part combs the relevant legal provision and academic research results of China in this fieldand simply summarizes the research status of real estate registration authority’s liability for damage whichis of some similarity to its counterpart aiming to give help to the research of this article. In brief, there aremore and more researches of the liability for damage of the real estate registration authorities and thelegislation thereof. However, as to the researches of the liability for damage of company registration, it isalmost a legislative blind spot.PartⅡ: The theoretical basis of company registration authority’s liability for damage. Imposing on thecompany registration authority liability for damage for registration errors require a sound theoretical basiswhich consist of necessity and feasibility. This part aims to provide a strong support for the conclusionbelow so that it is reasonable and sound. The theoretical basis for company registration authorities’ liabilityfor damage mainly lies in the company registration’s credibility and the credibility is closely linked to thecompany registration authorities’ review standard. This part focuses on the discussion of the companyregistration’s credibility and the review standard of the company registration authorities.PartⅢ: The properties of company registration authority’s liability for damage for errors in the process of registration. The discussion in this part centred on the properties of company registrationauthority’s liability for damage. A discuss about the properties is ontological which is based on the premiseof having to shoulder the responsibility. On this basis, we go a step further to gain a clear idea of what thiskind of responsibility is and how to shoulder it. There are disputes about the properties of the companyregistration authorities’ liability for damage. However, in view of the research and legislation status, it isbetter to define this kind of liability as a liability with nature of public law.PartⅣ: The undertaking of company registration authority’s liability for damage for errors in theprocess of registration. The discussion of this part goes further to probe into the shouldering of companyregistration authority’s responsibility in a specific operation perspective. In this part, following subjectshave been discussed: the relationship between the responsibilities of company registration authority andthat of other subjects in the company registration process; the choice of the judicial proceedings ininvestigating the company registration authority’s responsibility for damage; the substantial specific formof company registration authority’s responsibility for damage. With regard to the judicial proceeding, it isbetter to be based on the administrative judicial proceeding and make the civil proceeding as a supplement.As to the liability form, I think there are no substantive barriers to impose a joint liability between thepublic law subjects and private law subject.PartⅤ: The legislation prospect of the legal system of company registration authority’s liability fordamage for errors in the process of registration in the future Company Registration Law. There islegislative loophole in the respect of the legislation of company registration authority’s responsibility fordamage for registration errors. This article aims to fill this legislative loophole. This part summarize theprevious four parts in the form of legal provisions offering a solution for the legislation of companyregistration authority’s responsibility for damage for registration in our future Company Registration Law.