Study On The Civil Responsibility Of The Pre-incorporation Company

With the development of the society,the company plays an important role.However,the establishment of company is a complex process which includes a series of statutory conditions and statutory procedures.The behavior of establishing company involves the interest of the promoters,pre-incorporation company,established company and the third part.In order to adapt to the development of commercial activities,the judicial interpretation three of Company Act was taken effect in 2011.Although it is useful to settle disputes,there are still some unclear loopholes about how to undertake civil responsibilities in different situation.So it is necessary to take further research.I will analyze contract responsibility of the pre-incorporation by basic theory,foreign law and the principle of interest between relevant subjects.This thesis is divided into three parts,in addition to the introduction and conclusion.The first part is the discussion of basic theory of the pre-incorporation company.It includes the legal nature,types of behavior and the relation among the responsible subjects.The second part analyzes how to allocate the responsibility of the pre-incorporation company by distinguishing the type of contract.I will analyze contract responsibility of the pre-incorporation by basic theory,foreign law and the principle of interest between relevant subjects and put forward my solutions.The third part is the suggestions to improve system of the pre-incorporation company's civil responsibilities.It includes This part includes the improvement of the judicial interpretation three of Company Act,And it is necessary to distinguish the kinds of behavior and allocate responsibilities of them in different subjects.