Legal Analysis About Capital Composition Of Motor Vehicle Affiliated Companies

Motor vehicle affiliations is not only a common phenomenon in our road transport industries, but also a common business mode used by road transport companies. Motor vehicle affiliations relationship is of great importance to both the development of road transport industries and economic benefits of road transport companies.With the development of our economic and legal systems. Motor vehicle affiliations can not play a major role due to imperfect system.Beginning with the common review of motor vehicle affiliations relationship, and the realistic characteristics of motor vehicle affiliations and the legal cognitive approach of capital composition of motor vehicle affiliated companies, this paper analyzes the reason for failure of recognization of responsibility, that is, the property division in the motor vehicle affiliations relationship affected the capital structure of the affiliated company, which formed the binary capital structure and subject of legal responsibility. The change is conflict with the capital system of Corporation Law. There is no definite provison under the current law on the principle for definition of property right and the modes of responsibility of joint and several liabilities. In the author’s opinion, the legal adjusting direction and method for motor vehicle affiliations relationship should be changed and the binary capital structure which distinguished the management property and the responsibility property and the unary main responsibility system should be carried out. This paper is composed of the following four aspects.Part One:Overview of motor vehicle affiliations relationship. This section focuses on the historical reasons and formation processes of motor vehicle affiliations operation mode in road transport companies. This section analyzes the legal characteristics and types in motor vehicle affiliations; with the case about the motor vehicle affiliations, In legal practice there is much argument on motor vehicle affiliations and the way of taking responsibilities. The reason was that there were contradictions between property unconformity of affiliated vehicles and transportation qualification specificity in motor vehicle affiliations.Part Two:The background of the arguments about legal liability is the changes of the capital formation. This part analyzes the disadvantages about the fall of legal liability in application of law about motor vehicle affiliations in legislation, law abidingness and jurisdiction. By the analysis about the contradiction between property unconformity of affiliated vehicles and transportation qualification specificity in motor vehicle affiliations and the joint responsibility in legal practice, we get the root of the fall of responsibility and the argument legal responsibility is the change of capital composition of motor vehicle affiliated companies. Because the schism of vehicle property rights in motor vehicle affiliations relationship and the oversight about the transportation qualification legal specificity adjustment, there are two independent property in motor vehicle affiliations corporations——legal property and natural person property.Part three:The influence of capital system adjustment of Companies Act to capital structure. The substance of motor vehicle affiliation relationship was an investment of asset combination, the way of combination is that the parties transferred some rights for asset combination and formed some kinds of business associations between them, the combined operating capital was operated behind the transport business operation qualification of motor vehicle affiliated companies. Changes of capital structure of motor vehicle affiliated companies occurred in the-commercial organizations within the legal framework and belonged to the scope of Companies Law。However, the relevant provisions of Company Law cannot meet the actual command of motor vehicle affiliated companies, and need to be improved.Part four:The way about the legal cognition and legal adjustment about the change of capital composition in the motor vehicle affiliations corporation. This part focuses on the current situation of the affiliations relationship which is illegal but exists, summarized the three changes about the capital composition in affiliations corporations, and analyzes the imperfection in current legal adjustment. On that basis, this part suggests that we should change the direction of legal adjustment and face up to the reality of the use of the intelligence. Under the precondition of original property ownership, attention should be paid to the unity of management property right and property of duty; and the binary capital structure and the unary main responsibility system in motor vehicle affiliations corporations should be carried out in order to change the current situation of the affiliations relationship, specify transportation operation, balance the benefit of interested parties, and optimize resource allocation of transport industry.