Research On The Reform Of China’s Business Registration System

Great achievements have been made since the Reform and opening-up Policy in1987. Asthe development of economy and society, the relations between goverment and market aswell as government and society still haven’t been straightened up, and the problem ofgovernment function’s dislocaiton, offside and default is becoming more and more serious,which obey the needs of the globalizing domestic market and become the bottlenecks ofeconomic development. The business registration system, aiming at standardizing theconstitution, modification and cancellation, marked with late start and relatively low level ofdevelopment, is still and a backward position comparied with the developing countries in theworld. The reform of business registration meets the needs of the government functionreforms, and is one the key strategies to stimulate the market vigor, decentralize governmentpower，strengthen market-oriented system and release the market subjects.In recent years, both the central and local authorities have modified the businessregistration systems. In particular, since May2012, with the vigorous push and backing of theState Industry and Commercial General Administration and the local goverments, boldpractices of business registration reform have been tried in cities such as Zhuhai DongguanShenzhen Yiwu Guangzhou Fuzhou etc, resulting at reforms in company’s registered capital,business scope and per-administrative license and so on. On December28th2013, at the SixSession of the Twelveth National People’s Congress deliberated and adopted the decision onthe modification of Company Law, featured with implementing the systme of commitment topayment of registered capital. On Feburary7th2014, the State Council issued the “registrationof the registered capital system reform program” based on the modificaiton of the CompanyLaw. The reforms of the central and local goverments reduce the business registration criteriaand the cost of investors, facilitats market access, which are of great importance to raise thesocial invest enthusiasm, inspire innovations and entrepreneurship, and strengthen theendogenous power of economic development. However, seeing from the intensity and way,there are still some problems to be dealed with. First is the decentralization of businessregistration legislation and the slow progress of modificaiton, second is the inconsistency oflocal reform and the lack of legal support, third is the high access criteria and difficulty of entreprenureship, fourth is the vague review principles and registration ineffiency, fifth is thestrict limitations on the name approval, sixth is imperfection of the information disclosuresystem, etc. The reasons that cause the problems above are as follow: interest gamingbetween deparments of power, the profound influence of the history of business registrationdevelopment and the planned economy, the lack of referential experience businessregistration system reform, and the unenough legal support and national attention etc.This paper aiming at the research on the busniess registration reform, analysizes theconcrete problems cropping out and the causes during the course of business registrationsystem reform in recent years. It adopts comparetive method to study the business registrationsystem in America, German, Japan and some other countries, trying to figure out theiradvanced experiences. In the end, according to the actual conditions of our country and thespirit of the third Plenary Session of the18th CPC Central Committee, comes up with sevensuggestions to deepening the business registration reform.