A Study Of Company Law In The1904

The1904Commercial Law，which is the first Chinese legal history in the modern sense oflaw,includes the merchant of imperial rule and company law.The1904Company Law, following the foreign Commercial Code, is the first time to make the"company" be a legal definition. Although it is difficult to fully implement,for the reason that the provisionis not clear and there are somgthing missing, If only provides the establishment of companies should be setup to the businessdepartment registration, but there are no provisions in the change or disappearafterthe related matters, if not to register change materials, in the law is still valid,it will damage to theother with the business interests of the company. This law is applicable to the joint venture companyand limited provision is less, theinternal legal relations, the dissolution of the company, a joint venture ofpeoplequit are not involved. In addition,only provides start-up conditions, the lack of regulations.So, whether the company established. Company member contract what is the effect, have no mention.The problem is one of the reasons why it is difficult to fully implement The1904Commercial Law.The1904Commercial Law still have a certain role: merchant rights mean enhanced, registeredcompany; and supporting the publishedarticles of Association; protection of Chinese, safeguardsovereignty; th new company as the "company law" the Ministry of Commerce and the localauthorityact; maintenance of the Commercial Law of the Commercial Law merchant quoted; to safeguardthe rights and interests.The objection of the Commercial Investigation is to modify the Company Law.Because ofprovisions of the Company Law governing is not clear, lacking of a lot of places, thus it is difficult toimplement. Subsequently, businessmen make the Commercial Law, with the wishes that the governmentcan take it as a reference.The1904Company Law,which embodies the idea of legislation for1909’s the draft law firm,1914Companies Ordinance,has important historical value, and even today there are still practical valuecommercial legislation and realistic reference.