The Relief Way Of Chinese Defective Incorporation

Company as an individual in the modern market economy, plays a very important role. But in the process of the company set up, there may be some problems, which can lead to set up the invalid, we will set up this kind of behavior is called company flaws. Defects although the company is set up in the company has been set up in accordance with the law, the registration authority and has obtained the business license, but there are some facts, these facts lead to a company is not in conformity with the country legal company set up certain conditions, which leads to the situation of the flawed in some way. For the company to set up the flaw of discussion, this article embarks from the theoretical background and practical problems, through the definition and scope of the thesis, thereby.First of all, set up the flaws in our current problem of processing, there are many problems. By academic circles for many years of debate, mainly divided into two factions, negative and affirmative said, based on the analysis of the theory of the above two factions claims, the author found that the current theory research in China mainly around how to do, and how to deal with the company to set up the flaw, but ignored the questions about the benefits of defective company. Thus, should be at the same time, the problems in the processing company defects to a certain extent, pay attention to the relief of defective company, focusing on the relief way.Based on the investigation to the foreign legislation, we find that the world today is mainly three modes to deal with the company to set up the flaw, namely administrative revocation, the judicial relief pattern and the chamber of commerce. By comparing the three pattern characteristics, the author noticed in building defects when handling way, should be both efficiency and security. And by comparing the three patterns, finally reached a conclusion that in our country should apply to the judicial relief way for the principle, take advantage of other model way to handle company set up the flaw of the conclusion.In the classification of the defects in a reasonable manner, and defined the scope of the litigation subject. Combined with the advantage of all sorts of relief way, the author puts forward the defects in our country to establish company remedy lawsuit idea, namely under the condition of the prepositional procedure first processing, the company with different defect types are classified, shunt system on the processing, in the safe at the same time, and the efficiency of give attention to two or more things, thus maintaining the normal order of market transactions.