The Contract Responsibilitymechanism Of The Establishment Company In The Perspective Of Interests Balance Law

Company is one of the most important legal person in the market economy, the company set up in the past, also is the originator to conclude the company’s articles of association to obtain the business license of the company during the theoretical circle is called "the company set up". In law in our country at present set up the rules of the company, to the judiciary and the company set up practice a lot of problems.In order to set up the company,sponsor will make a lot of trading,the contract under the trading behavior involves the company promoter, set up in the company, the company after the establishment and the interests of a third person, and other business subject, if uneven distribution of interests will lead to conflict. Required to settle the conflict in the balance of marxist methodology, this article is based on this understanding, guided by laws of benefit balance, trying to establish a reasonable set up company contract responsibility allocation mechanism. This article first chapter first theoretically to set up the concept of the nature of the characteristics, ability and the originator of the company, has been clear about the set up of the company as a bridging groups, have a certain property and mean ability, have certain independence,. The second chapter attempts to set up a company to sign the contract in the process of classification,according to the purpose of the contract and sign a contract in the name of the main body of different classified, will contract by classification can better determine the ownership of the contract responsibility. In this paper, the third chapter combines case analysis contract responsibility allocation, through case intuitive explain the differences between the various contract liability attribution. Finally, combining with theconnotation and significance of the benefit balance principle, the necessity, embarks from the reality, is suggested to establish a reasonable responsibility allocation mechanism, in order to maintain balance between all interests, standardize company set up, promote the development of business transactions.