The Research On Formal Examination System Of The Commercial Registration

In 2014,as the state council amended the company law and the company registration management rules,the system of commercial registration examination in China changed a lot.In 2014,the state council issued the "reform plan for registered capital registration",which clearly stipulated that "the system of formal examination of commercial registration shall be carried out".This marks the establishment of form examination system.The commercial registration review system is an important link to improve the efficiency of market main body activity and enhance the effective supervision and management.Now China's commercial registration system has been established and adopted in practice.However,lack of uniform provisions in the legislation and specific procedures in operation.According to the form of censorship in the implementation of the problem,This article embarks from the value of the formal examination,which profit from the foreign experiences.The first part analyzes the value of the formal examination.The research is conducted from three parts.Transaction efficiency,business freedom and transaction security.This paper analyzes the basic elements and legitimacy in the formal examination of transaction efficiency and business freedom.Then discuss the conflict between transaction security and transaction efficiency in the form of commercial registration.Eventually come to the conclusion:Put efficiency in priority and consider security.The second part analyzes the predicament in the implementation of formal review.It is divided into legislative level;system operation level and supporting system guarantee level.This article is based on three points of view to explain the problemsThe third part analyzes the experience of foreign examination system.Firstly,the author analyzes the legislative experience of the formal examination system of commercial registration,including the unified legislation of the examination system and the extensive application of "separatism”.Secondly,it introduces the experience of the operation of the commercial registration.Finally,it introduces the experience of the supporting system construction,including build a government-dominant credit system and a variety of ways to strengthen the protection of the rights and interests of the creditors.The fourth part proposes the perfection of the form review system from the aspects of legislation,operation and supporting system.The perfection of the form review legislation including the unified legislative principles to formal review system and the legislative model of separatism.The improvement of operation to the formal review mainly includes the procedure of detailed examination system.The perfection of the form review supporting system includes the construction of credit information system and the Strengthening of judicial relief of the formal examination.