Study On Legal Regulations Of The Establishment Of Defective Company

The company has been registered and obtained business license, but in the process of setting up the conditions and procedures are not in conformity with the law, the international law system and civil law system have a relatively clear attitude, China’s current company law and the relevant provisions of the company set up flaws, and the lack of legal system, and the company set up the effective way to protect their legitimate rights and interests. In this paper, we analyze the problem of establishing defective legal system in our country, and propose the feasible suggestions to improve the system of our country’s establishment of the system, which is based on the comparison of the two legal systems and the method of dealing with them.This paper is divided into five parts:The first part mainly introduces the research background and significance, domestic and international research status and research methods and innovation points. The company set up defects in real life, many common law system and civil law system, and the relevant provisions of this paper are very clear, but the relevant provisions are not deep. On the basis of the new law, the author analyzes the current situation of the legal regulations about the defective incorporation of the company in China. In order to solve the problems, the author tries to put forward some suggestions.The second part is about the definition of defective company, and the paper introduces the definition and the nature of the establishment of the company, and then introduces the defects of the establishment of the company, the legal system can make up for the lack of the pre regulation, the conflict between safety and efficiency, more favorable. To protect the reasonable expectations of shareholders and the interests of creditors.The third part for the company to set up a comparative study on the flaws. In Anglo American law system countries for defective company principle is admit the legal personality of, but exceptions under country retains compulsory disbandment of company defects right, while emphasizing personal liability for defects liability. However, in the countries of the continental law system of defective to the principle of negative doctrine, but via the defect correction procedure to remedy, also provides enough negative effect can not be retroactive. Finally, the two big legal system of company of our country set up the defects of legal regulation of the enlightenment. The author thinks that, in reference to the two law system of mature theoretical basis, on the company’s defective in China should hold " Principle is effective, as far as possible to correct, the exception is invalid " principle.The fifth part is about the perfection of the legal regulation of the company. First of all, we should solve the problem of attitude, the attitude decides everything: the general validity principle, the establishment of defective system, the improvement of the system, and the establishment of the system, the system, the party and the judgment.