Research On China’s Commercial Registration In A Perspective Of Public Power And Private Right

Commercial registration, refered to the business or business subject, according to theregulations and procedures, applying to the registration authority, reviewing for approval andrecording the registered items in the register, in order to establish, change or terminate theirmain body qualifications. Commercial registration in our country had a long history, and theearliest came from the XiZhou Dynasty. Commercial registration was one of the mostimportant aspects of entering marker to the business main body, and the main point tomeasure the government power and the private rights. Along with gradually development ofsocialist market economic system and perfection, the current commercial registration systemcould not adapt to the objective law of development of the modern market. The reform of thecommercial registration in China is necessary.This paper fully affirmed the achievements and pointed out problems of Guangdong’scommercial registration reform. Combining with the extraterritorial comparison andGuangDong’s commercial registration reform, by analyzing the use of government publicpower, the developing of social autonomy and the protection of business body’s private right,as also as reflected the process between public power and private rights. Finally, this papersummarized several enlightenment to China’s commercial registration system. First one, thegovernment should be the role of "new good government", especially maked the public powerand responsibility equally under the rule of law; Second one, the social organizations shouldbe the role of " successor of the power ", and tried to keep up with the innovation of socialmanagement mode; Three one, clearing the legal rights of the business body and using thefreedom of business.