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The Legal Study On Separation Between Subject Qualification And Management Qualification On The Background Of Commercial Registration System Reform

Posted on:2015-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:D P LiuFull Text:PDF
GTID:2296330452451303Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As one of the main focus of commercial registration system reform, theseparation between subject qualification and management qualification, reducingmarket admittance barriers and enhancing the vitality of the market, is an importantstep to accelerate Chinese economic transformation and upgrading. However,throughout both domestic and foreign research data, obviously, there is littlemonograph about the separation between subject qualification and managementqualification, especially the legal basis of the separation. Designing institution shouldbe base on profound legal principle. Otherwise, it’s difficulty to play its proper valueand functionality. This paper focuses on analyzing the legal principle of the separationand attention problems as well as suggesting the precautions. It’s the paper’s difficultyinnovationThe first part describes the basic principles of the separation between subjectqualification and management qualification, adopting to comparative analysis,reasoning and logical analysis method. The chapter suggests commercial registrationsystem should separate subject qualification and management qualification, instead offormer uniformed model, based on defining the basic concept of subject qualificationand management qualification and analyzing "unity" and "isolated" models.The second part discusses the legal principle of the subject qualification andmanagement qualification, adopting to logical analysis and empirical analysis. Atfirst, Fairness and efficiency is beginning to weigh the problem of Jurisprudence. Butthe original intention of commercial registration reform is to establish "wide into the"market norms, therefore, separation of the two qualifications gives priority to theefficiency of the basic value orientation; Secondly, separation between qualificationand management qualification not only can release market energy, but also can clarifythe government’s responsibility to lay a solid foundation for the full and effectiverealization of public and private law reasonable docking; Finally, To achieve the main business and commercial right or not greatly depends on its operating freedom. Onlythe separation between subject qualification and management qualification canmaintain a reasonable and effective business freedom commercial subjects, pavingway for the realization of operating rights.The third part analyzes the problems, payed attention to prevent and solve afterthe separation between subject qualification and operation qualification,adopting tonormative analysis, empirical and logical analysis method."Lenient" marketadmittance system can effectively release the main market and enhance market vitality,leading to some external problems at the same time. The first problem is theasymmetric information between market players because qualification separationwould fragment existing information channels. The second problem is how to proveits management qualification by itself. After the separation of qualifications, howto convey information about the strength of their own business becomes an importantproblem during the reform period. The third problem is about regulatory issuesexecutive. After the reform, the reformed market business model innovation subjectsto market conduct strict control, in order to facilitate further promote the reform.The fourth part advice proposed measures to address these problems which iscaused by the qualification separation, adopting to normative analysis, empiricalanalysis and logical analysis. For two qualifications may lead to the separation ofexternal problems, this chapter considers the following measures can be taken tofurther promote the reform of commercial registration: At first, building the creditinformation market players build publicity platform. Secondly, Construction ofabnormal regulation of commercial registration list the subject act of publicity.Thirdly, improving enforcement powers legislation and establishing comprehensivelaw enforcement teams to resolve the problem of configuration confusion ofenforcement powers between the executive.
Keywords/Search Tags:Subject qualification, Management qualifications, Business registration, Market admittance
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