A Comparative Study Of The Information Reporting System And The Commercial Registration System

The Ministry of Commerce issued “The People's Republic of China Foreign Investment Law(Draft)”(hereinafter referred to as the “foreign investment law(Draft)” in January 19,2015.The core of which is the change of the idea of foreign investment supervision,from emphasizing the formal regulation,regulation in advance to substantive regulation,post regulation.The information reporting system is an important system for the transformation of government functions and the reform of the regulatory path.It is a great innovation of “ The foreign investment law(Draft)”.The information reporting system is a product of the decentralization and transformation of government function,the original intention is to reduce the burden of foreign investors.Areas outside the negative list,foreign investment does not need to go through the examination and approval.But how to coordinate with the convergence of commercial registration system,is the key of information reporting system can play a role in reducing the burden.The information reporting system requires disclosure of information that is not required to be disclosed in the original regulation,and some of the content in the corporate annual reports and publicity system repeated,on the other hand,it aggravates the burden of foreign investors.The purpose of this paper is to compare the information reporting system and the commercial registration system,to reveal the connection and difference between both.Learn from foreign investment system is more perfect country,Summing up the commonness of the foreign capital registration system in these countries,providing advice and help for the coordination of the information reporting system and the commercial registration system in China.In this paper,the discussion of the above topics includes four parts:The first part introduces the basic rules of the information reporting system,from two aspects of theoretical background and architecture two aspects.This part introduces the reasons and the inevitable trend of the information report system from two aspects of domestic and international.Based on the introduction of the principle of national treatment before admission and the introduction of the negative list,in-depth understanding of the theoretical basis and value of information reporting system.Finally,the system is introduced with the characteristics of the system of information reporting system,and compared with the filing system,deepening the macro and micro understanding of the information reporting system.The second part analyzes the basic situation of China's commercial registration system,from two aspects of the theory and the status quo.Through the introduction of the concept,types and basic principles of commercial registration system in China,and analysis of the current situation and the status quo of legislation,more comprehensively understand of China's commercial registration system from two aspects of theory and Practice.In this part,the author also introduces the annual report system of the commercial registration system in China,a comparative analysis of the annual report system and the periodic report in the information reporting system.From the side to highlight the contradiction and coordination between the two,paving the way for the following discussion.The third part makes a comparative study of information reporting system and commercial registration system,clarifying the link and differences between both.Through the analysis of China's foreign investment registration management system,pointing out the problems existing in the foreign capital registration system.Through the comparative study of the foreign investment registration system in the developed countries,this part sums up the common features of the countries with relatively perfect foreign investment registration,and provides reference for the improvement of the foreign investment registration system.The fourth part is the legislative suggestions on China's foreign investment information reporting system.This paper puts forward some suggestions on improving China's foreign investment information reporting system from three aspects: improving the legal basis of the foreign investment information reporting system,regulating the content of the foreign investment information report and improving the supporting measures of the foreign investment information report.