The Study On The Legal Efficacy Of Registration Of Commercial Subjects

Commercial registration system reflects the legal status of commercial subjects.At present,under the background of the reform of our commercial registration system entering the deep water,we need to make a thorough and systematic study on the core issue of the commercial registration system-the effectiveness of commercial registration.The commercial registration studied in this paper mainly includes the registration of business subjects,it does not include registration of property mortgage,registration of general transactions,registration of commercial acts,unless these properties or actions are directly related to the qualifications of commercial subjects.As an important part of commercial law,there are still many problems with the validity of commercial registration.First of all,in theory,scholars at home and abroad have a variety of views,has not yet formed a unified understanding.There is also a difference in the evolution of the effectiveness of commercial registration between common law system and continental law system.Based on the view of many scholars,this paper summarizes the representative theory opinions.There are many classifications about the effectiveness of commercial registration,such as effectiveness of public law,the effectiveness of private law;Effectiveness to the main body of the company and to the third party;Effectiveness of Establishment of Rights,Effectiveness of Publicity;General Effectiveness,special Effectiveness;Creative,Credible and Special Effectiveness;Effectiveness of recognition,credibility,and confrontation,etc.Behind this issue,it not only reflects the judgment on the nature of commercial registration,but also implies the choice of value concepts such as efficiency and fairness,appearanceism and publicity,highlighting the interests of all parties behind legislation and cases.Secondly,in terms of legislation,due to the inherent characteristics of commercial law,There are great differences between thecommercial norms and civil conduct norms that regulate the business entity and its business operations,such as the degree of trust protection,the duty of care of the business subject,and the degree of freedom of autonomy.Under the model of combining the civil law and commercial law,although there are some commercial separate regulations,individual norms can not cover up the fact that there is a lack of norms on the validity of commercial registration,and the commercial law norms and commercial behavior norms are lacking.Finally,at the practical level,there are frequent problems of inconsistent refereeing and border ambiguity,and there are misunderstandings about the validity of commercial registration.For example,in many judgment documents,commercial registration is divided into authorized registration and witness registration,and evaluate the confirmation effect of commercial registration with the creation power,etc.In short,the theoretical research on the the legal efficacy of registration of commercial subjects,the lack of legislative system and the ambiguity of practical refereeing need to be paid attention to.This paper is based on the theory,legislation and practice status,and puts forward the research ideas by asking questions,analyzing problems and solving problems.Taking the legal efficacy of registration of commercial subjects as the full-text program,this paper will review the disputes and deficiencies in the the legal efficacy of registration of commercial subjects,and try to explore the general applicable rules for the validity of registration of commercial subjects and the special rules applicable to a specific type of commercial registration.In the conclusion part of this paper,the whole commercial registration legislation system has been deeply rethought.At the effectiveness level,the effectiveness of recognition,credibility,and confrontation of commercial registration are discussed separately.There are five chapters as follows:Chapter One,about doctrine of the validity of commercial registration,and explains the current main doctrines,namely,the effectiveness of external and internal effects,the effectiveness of confirmation,credibility and resistance.This chapter aims to summarize the academic theoretical viewpoints,and put forward their own opinions on the doctrines of commercial registration,and provide programmatic writing ideas for the following.Chapter Two summarizes the legislative status of foreign and domestic commercial registration effectiveness,from the perspectives of confirmation,credibility and confrontation,and analyzes the legislative status of the effectiveness ofdomestic commercial registration.In the legislation on the effectiveness of domestic commercial registration,it focuses on the status quo and results of the reform of commercial registration legislation in Guangdong,which is at the forefront of reform.Through the comparative introduction of the status quo of legislation,the problems in the effectiveness of commercial affairs are proposed,For example,the legislative content of commercial registration in China is too fragmented,overlapping,overlapping,and blank,and there is confusion in the identification of the subject qualification of registration of commercial subjects.The above two chapters,starting from the doctrine of registration of commercial subjects,combined with practice,clarified the relevant problems in the formulation of rules and judicial practice,and clearly summarized these issues as a logical starting point for thesis writing.The following three parts of the discussion focus on the confirmation,credibility and confrontation of registration of commercial subjects.Chapter Three introduces the confirmation effect of registration of commercial subjects.The confirmation of commercial registration reflects the duality of public registration and private law,and the academic viewpoint is divided into Public Law Action,Private Law Action,Public and Private Law Action.Discriminating and analyzing the confirmation effect and creation effect,discussing the confirmation of business entity qualification,the confirmation of business qualification,the registration exemption of small business subject and so on;Chapter Four introduces the credibility of registration of commercial subjects,analyzes the factors affecting the credibility,namely the commercial registration authority and the method of commercial registration review,and discusses the judicial application of credibility in combination with practical cases;The fifth chapter introduces the confrontation of registration of commercial subjects,analyzes the types and modes of confrontation,studies the cases of confrontation,raises the confusion and questioning of the application of confrontation,and clarifies the applicable requirements for the confrontation of registration of commercial subjects.The conclusion part summarizes the full text and extends the thinking,and proposes to improve the effectiveness system of commercial registration.