The Company Established Under The Surrender System And Its Liability

In order to encourage people to actively start their own businesses,china lowers the threshold set up by companies in terms of capital,and in the 2013 revision of the Company Law,the capital aspect has been changed from the previous paid-in system to the current payment system.However,in practice,there may be insufficient capital of the company,resulting in the company does not have enough capital to engage in commercial activities,may harm the interests of others,resulting in contradictory disputes.Therefore,under the current corporate capital payment system,there should be a comprehensive regulation of the establishment of the company,in the process of the establishment of the company has a clear regulation of various acts.The establishment of a company is a complex process,is a process that each company has to go through,in which there are different participants,each subject for the benefit of a series of acts,including the establishment of the company necessary behavior,including non-essential behavior.For different acts have different ways of responsibility and bear the main body,the establishment of the company's behavior should be subject to the full range of laws,so that the interests of all parties can be effectively protected.China's current legal regulation on the establishment of companies concentrated in the "Judicial Interpretation III of The Company Law",but the provisions are few,and there is no clear concept of the establishment of the company and legal status;Instead,all responsibilities arising in the process are ultimately the ultimate responsibility for the sponsor.The author thinks that the above provisions need to be further divided to better regulate the establishment of the company's behavior and clarify the establishment of the responsibility and responsibility of the undertaker.This paper is divided into four parts.The first part of the company in the overall perspective of the analysis,first of all,clear the concept of the establishment of the company,and then combined with the different theories of China and abroad,and with reference to the reality of our country to give a more clear concept,and then according to the concept to discuss the characteristics of the establishment of the company,By comparing different points of view and combining with the relevant laws of our country to clearly set up the start and end time nodes of the company.The second part discusses the legal status that the established company should have in our country's current society,the established company as a legal entity in existence does not have its own legal status,in practice,easy to cause instability,by comparing different theories to give it a clear legal status.As our country does not currently provide for the establishment of the legal status of the company,so that it does not have a more clear position when contracting with a third party for the establishment of the company,resulting in the use of different names in practice when signing contracts with third parties,some are the name of the establishment of the company,and the name of the promoter itself,It is precisely because of the lack of a clear legal status,resulting in the future responsibility to assume the responsibility of the first to determine the responsibility of the subject,not conducive to the rapid assumption of responsibility.The third part first lists which responsible subjects have the obligation to the responsibility of the company in the establishment,and analyzes the interrelation between the company in the establishment with the characteristics of different undertaking subjects,and then analyzes the principle and way of its responsibility.The fourth part is based on the previous for the establishment of the company's legal status and responsibility to assume the way,and in the light of China's current law to point out its shortcomings,according to the overall analysis of the article to give in the future establishment of the company in the relevant legal issues of the legislation some feasible recommendations.