Research On Defects Of Company Establishment

The content standard and procedure of the company's incorporation behavior are clearly stipulated by the law.The incorporation flaw means that the incorporation behavior does not conform to the legal conditions,procedures and standards of the company's personality.In reality,the company registration authority in fact impossible to verify whether the legitimacy of the related set up behavior and make a true judgment,therefore,the form in line with the company to set up the establishment of standard and the actual flaw behavior often also can obtain the company registration of establishment,and the status of the company legal personality should be uncertain.The legislation should give a clear evaluation of the personal effect of the company's defects caused by the defective establishment behavior.Stable based on the maintenance of market order,promote the needs of economic development,both countries of Anglo-American law system and continental law system countries,ultimately with the defective companies to set up the system realized the flaws are personality as much as possible to maintain the status,the fact that the company shall establish a system to rules not only for defective case company personality to maintain established the legal basis,also denied by litigation system under the special circumstances of defects to set up the company personality,through the provision of relevant legal responsibility to safeguard the interests of relevant rights and interests of people,in order to promote the company as the market main body the legal person personality perfect,realize the purpose of the company legislation.In the first part of this paper,the reason for the existence of company incorporation defects is introduced from the principle of company incorporation law.In the second part,the author investigates the system of company establishment defects in the major economic developed countries and regions outside the region,and makes a comparative analysis of the similarities and differences,so as to serve as a reference for the system of company establishment defects in China.The third part of the article is an analysis of the legislative status of the company establishment defect system in China,and points out the defects of the company establishment defect system.