On The Reform Of Commercial Registration System

The commercial registration system is an important symbol reflecting the standardization and maturity of a country's market economy.It is an "identity card" that a legal person has the ability and capacity to participate in civil activities,it is the premise on which the other party of a legal person has legal relationship with it.In 2013,the plan for institutional reform and functional transformation of the State Council was promulgated,changing the registered capital of companies from a "limited subscription system" to a "full subscription system",opening the prelude to the reform of the commercial registration system.On December 28,2013,the sixth session of the twelve th Standing Committee of the National People's Congress made the third amendment to the company law of the People's Republic of China(hereinafter referred to as "the company law"),we will further consolidate the achievements of the reform of the commercial registration system,such as the system of subscription of registered capital and the system of annual reports.In 2014,the reform program of the registered capital registration system was officially released,and major adjustments were made to the company incorporation system,substantially lowering the threshold for the establishment of a company,and re-defining the boundaries of the rights(powers)of the government,society,and enterprises,it is of great significance to speed up the transformation of government functions,innovate administrative supervision methods,establish fair,open and transparent market rules and guarantee innovation and entrepreneurship.On October 26,2018,the sixth session of the 13 th Standing Committee of the National People's Congress completed the fourth amendment to the company law on the basis of fully summing up the experience of the reform of the business registration system,it has become the current legal norm guiding the reform of the commercial registration system,which provides the legal support for pushing the reform of the commercial registration to a deeper level.At present,the reform of China's Commercial Registration System has entered the "deep water beach",the supporting system has been constantly improved,and measures have been taken to support business start-ups and encourage innovation in Huimin County.The reform of the commercial registration system has played a significant role in promoting social and economic development.With the continuous deepening of the reform of the Commercial Registration System,a number of cases involving commercial registered capital,subject qualification and infringement of creditors' rights and interests have emerged in recent years,for the current prosperity of the market economy,active civil business transactions sounded the "alarm bell.".This article takes the company registration question as the center,carries on the research to the background,the content and the question which after the commercial registration system reform,and proposes the countermeasure.The article begins with the historical background of the reform of the Commercial Registration System,starting from the necessity of the reform of the commercial registration system and the economic globalization,that the original commercial registration system retards the development of starting a business,and that the transformation of the government functions requires the reform of the commercial registration system,in-depth analysis of the reform of the reasons and inevitable factors,objective analysis of the original commercial registration system and shortcomings.In view of the problems exposed by the original commercial registration system,by summarizing and expounding the reform contents of the current commercial registration system,such as the system of "full subscription" of registered capital,the separation of the qualification of the subject of Commercial Registration and the qualification of business operation,the combination of multiple certificates and one certificate and one code,the administrative examination and approval of "license first and then certificate",the relaxation of the residence registration restriction,the establishment of the information publicity system of enterprises,etc.,combining with his own experience in commercial supervision,this paper finds out and analyzes the problems existing in the current commercial registration system,such as fictitious registered capital,frequent false registration,increased risk of creditors,and the enterprise credit information publicity system to be improved,this paper puts forward four measures of perfecting the responsibility of capital enrichment,applying the obligation of shareholder's contribution to accelerate the expiration,strengthening the post-event supervision in the business registration and strengthening the dynamic supervision and management of the market subject,so as to offer some suggestions for the reform of the business registration system.