A Study On The Commercial Registration System Of China

In China, commercial registration system has been long taken “business license”centered strategy, this system not only legally confirms commercial subjects’ identity,but also confirms their operating right and capacity for commercial conduct, as wellas their capital credit, in other words, the “business license” centered theorypredominates our commercial registration. The core of the”multiple-use of businesslicense” theory is that the commercial subjects’ business activities must be supervisedand controlled. In the early years, the theory was suitable for the planned economicsystem.However, China has steadily set up the mechanism of market economy since ourreform and opening up. The drawbacks of this commercial registration system arebecoming obvious, and the effect of market is also limited severely, which seriousimpact on optimize the allocation of social resources and the sustainable development.By investigating the history of commercial registration system and theoreticalproblems, this thesis analyze the main existing problems of our commercialregistration which are as follows:(1) the concept of commercial subjects is vague;(2)each of these laws and regulations, which based on different commercial subjectstypes, has different demands and lead to a confusion for commercial subjects do notknow how to apply them;(3) current the article of scope of the business in theirapplication;(4)“business license” centered strategy confuse the qualification of commercial subjects and business;(5) these laws and regulations have differenttreatments to commercial subjects. The main reasons are listed below: on the onehand, the legislations concerning commercial registration is relatively scattered, inrelevant provisions are overlapping and the legal relations are not clear; on the otherhand, registration authorities support services and protection for commercial subjectsare inadequate due to authorities’ unclear positioning; in addition, during thetransformation period of socio-economy system, current commercial registrationsystem is not in sync with our economic development.To solve the problems above, the author believes enacting a unified and scientificregulation is an effective way to eliminate these problems. It requires us to improvethe specific legislations of this system, firstly, the range of commercial registrationshould be defined, and classified commercial subjects; secondly, the approval mode ofbusiness scope should be changed, the subjects do not register the general businessitems; thirdly, the pattern of the qualification for commercial subjects and businessshould be separated, it used in dividing these two types. Furthermore, informationplatform is also an essential part of commercial registration system, the relevantregulations should be listed in this code, this platform can help to perfect theannouncement system and the subsequent examination, and strengthen in keepingcommercial registration system safe and efficient.