The Research Of The Commercial Registration System In China

Since the The Eighteenth National Congress of the CPC，the voice of recombination of national institutions and reform of administrative examination and approval system has became more and more high, and the process is also faster and faster. Especially the commercial registration system which focus on the market access supervision is already included in the schedule of the state council, the reform is imperative under the situation. This will have a significant impact on thinking and working method ofthe registration authority for commercial, which means the administrativedepartment for Industry and commerce. In addition, China’s current commercial registration system has exposed many shortcomings and deficiencies contrary to social and economic development, which needs immediatelyreformation. The purpose of this paper is to explore the the specific requirements and challenges of commercial registration system reform under new background, and which preparations should be taken in advance by government departments, especially the commercial registration departments, inorder to adapt as quickly as possible when the reform really comes. This paper discusses the direction of commercial registration system reform in China based on the theory of the Government Limited Liability and Customers’ Demand Oriented of new public management-which emphasizes the limited government ability, and shows the importance of government’s role from "paddle" to "steering", also requests the government orientedto customers’needs, providing public services, remodeling the relationshipbetween government and the public, and the theory of Public Choice and Transaction Cost of public economics-which emphasizes the inhibiting of government’s corruption and rent-seeking tendency, and the actively cultivating of the enterprise self-judgment, self protective consciousness and self-discipline in order to reduce public transaction costs, and promote the transaction efficiency, and secure safe transactions.The author used the methods of literature reviewing and Internet searching to systematically collect information relevant to commercial registration system, determining the research subject and orientation. Then, the author used the method of descriptive research, through her own understanding and verification to the phenomenon, law and the theory, to give account and explanation to the basic concept of the commercial registration system, the theoretical foundation of the reform and the history, reality and the existing reform measures of commercial registration system in China.Meanwhile, by using the method of comparison, the author compared theforeign advanced experience to our related system, taking its essence whic h we should learn from and adopt. By the method of experience summary and inductive analysis, the author took advantage of her post in the sector of commercial registration, induced and analyzed the concrete conditionsencountered in registered practice, mainly elaborated existing problems and reasons of our current commercial registration system. Among them, theproblems caused by the legislative system reasons includes: the lack of unified commercial registration law and registration matters, not perfect public announcement system, and so on. The problem caused by the economical system reason is mainly the classification of enterprise and registrationauthority. The problems caused by the management system reasons include: the contradiction between the subject qualification and business qualification integration, paying more attention to public value than private value,and not so clear standard of review, etc. And the formation of all the problems above is influenced by factors of social history and culture of China.Finally, based on the reference of foreign research results and on-the-spot investigation, combing with the relevant national policy guidelines, thispaper has put forward the countermeasures and suggestions to reform of thecommercial registration system in china: that is to uniform commercial registration legislation; to separate the subject qualification and business qualification, give consideration to both efficiency and safety; to make clearthe legal liability of commercial registration act; to improve announcement system, and carry out the internet registration and query; to reform the existing hierarchical registration management system; to strengthen the follow-up supervision, and so on.