By Reconstructing The Institutions Of The Business License

Business license system is a unique system in our country, under the existing legal provisions, the legislation does not permit a comprehensive. Due to the confusion in the legal provisions, as well as the positioning is not clear because of the function of the business license and license with its business capability and qualification of ability to double check. Leading there were certain shortcomings in the law, in practice there have been some difficult embarrassment, which affect the security of commercial transactions seriously.This paper will be from the legal nature and functions, in contrast with other countries, the provisions for comparative analysis, to make appropriate legislative proposals, the business license system for research, in the hope that the business license of the study will help.This article, is divided into the following four parts:Part I:The nature and function of the business license. This section mainly discusses the following questions:the business license of legal nature, our current business license related legislation, the business license of the functional location. This section summarizes the business license of the legal nature. Firstly, introduced the the academic theories about the legal nature of the business license:unionist and separatism, separatism is divided into "part of separatism" and "comprehensive separatism", then explains their reasons for these two kinds of views.1agree with the latter view, that "comprehensive separatism" model is more reasonable, but also more readily accepted by the society. Because in any subject, has a place of business the need for separation of eligibility and qualification, qualification does not necessarily possess business qualifications, the loss of business do not necessarily lose their qualification.Finally, elaborated the legislation mode and conflict in our country, evaluate and the author concludes, that the business license should not be a prerequisite for enterprises to obtain qualification, obtaining qualification is dependent on the registration authority for approval and registration. On the business license of the function, first showed the business license two functions, one are under the unification principle main body qualifications and business ability dual confirmation function; Two, under separations registration confirmation main body qualifications.Next has analyzed Our country Corporation business license function.Part II:Defects of China’s business license system. Will focus on the parts to explain the defects existing in the business license system in three aspects, one is the effect of unreasonable, especially its publicity effect, second, defect inspection system; third, commercial trade and the relative person’s legitimate rights and interests are not guaranteed.The first point, the effect is not reasonable. About the inspection system, regulations for the implementation of registration administration in2014, the new company law and company, the annual inspection system as well as the annual report system, its control is mainly rely on government regulation, but in the Internet is highly developed today, the need for a long-term supervision mechanism, to realize the supervision of China’s lack of a good society credit and mature legal system.Our country cannot obtain the safeguard in the trading transaction security and the relative person’s legitimate rights and interests; First, trading transaction main body connection and potency judgment in law flaw; Second, to bonds grasps with difficulty; Third, the registration wrong appears frequently; Fourth, primary or antecedent rights altruistic compensation existence giant regular barrier; Fifth, in the protection relative person benefit and the transaction security, our country present business license system has lost the substantive significance.Part Ⅲ:Comparative study of business license system. This part mainly discusses the common law, civil law the relevant provisions of the business license and make a summary. This part firstly use the enumeration method cites Japan, Germany, France and Switzerland and Taiwan of China, the law of Anglo American countries business license, finally has made the summary and discusses its advantages and disadvantages.In civil law countries without license, The business license is expressed through the credit situation of commercial subject. The United Kingdom and the United States, some of the companies and enterprises to set up business, there was a need for a business license, and the State to a certain extent, the realization of the principal business and the commercial activities of the supervision and management, and the public authority and involved in the business license of the credibility.Part Ⅳ:Perfecting the system of business license. This part with the second part of the corresponding main defects, questions about the business license for the second part of the perfect, mainly has the inspection system, specified the use of business register system, set up credit system, establish business subject behavior public announcement system, from the three aspects.On improvement of inspection system, in the second part, already noted that China began to implement the new registration management of company law and company regulations in March1,2014, the annual inspection system to the annual report announcement system, it facilitates the commercial entity declaration, independence and consciousness to improve commercial submit annual report. To avoid the commercial subject because of carelessness in irreversible delisting situation, highlight the government’s service function, improve the fairness and efficiency of government management. At the same time, increase the implementation of electronic business license, to provide more convenience for the main body of market registration. Our current business registration law and make provisions for the commercial register and related documents to open to the outside world, the specific content of harmony and unification and refining, at the same time to the enforcement of the law and brings great inconvenience.In the commercial register, many countries have made mandatory provisions, and more detailed, China can learn from this practice, and establish business subject behavior public announcement system...