The Comparative Research Of Company Establishment System Between China And The United States

Company is the result when socialized production grown into a large-scale and commodity economy developed into a certain stage. For company, company establishment is a necessary step on the way to become an independent legal entity, it is also very important for company to subsist. The reason why company establishment system becomes an important part of the company ’s legal system is that it gradually becomes the center and basis of commercial market entity access system which includes the formal rules, informal constraints and the implementation mechanism in the particular operation of company establishment, etc. Today, China and America are the most important representatives of developing countries and developed countries in the world, many differences exist in this two countries on social development level, historical and cultural traditions, political and economic system and government management etc. On the basis of this,certain differences of company establishment system between the two countries came out in many ways. Company establishment which adapts to the development of capitalist economic plays an important role in American and it helps American developing into a dominated superpower in the world. Back in China, although companies have been established because of the development and improvement of the market economy system, the shortcomings in the company establishment system and all kinds of conflicts and disputes of interest in the process of company establishing have gradually exposed.Therefore, the in-depth comparative study between the two countries’ company establishment system, is helpful to improve the company legal system of China and conform with international system. Also it is useful to improve the development of company and better China’s market economy system and finally ensure the stabilization of our socialist market order.This dissertation adopts the research methods of comparative analysis and historical analysis, starts with the basic concepts of company establishment system,compares and analyses the so-called historical evolution and present situation of company establishment system between the two countries. After that, aiming at problems such as the company type, company establishment principle, government management, etc, which exist in company establishment system, we’re trying to analyze the reason,from the perspective of political and economic system, economic development,historical and cultural tradition and government functions, etc,of differences that lies in the company establishment system between China and America. Finally,we propose our direction and method of reformation as to borrow the vantage point of America’s company establishment system. By that, we can further standardize the behavior of company establishment, make certain of the safety and fairness of transactions, insure the legal interests of the normal parties, create a safe, fair environment.