Research On The Judicial Revocation System Of Company Defect Registration

The reform of China's registered capital registration system and the defects of the company's registration review system have objectively caused the company defective registration phenomenon to occur frequently.The company defective registration mainly includes three forms of reporting the registration of registered capital,falsifying false materials to defraud the company,and fraudulent use of other people's identity information,which not only affects the commercial order and transaction security,but also damages the personal and property rights of the relevant entities.At present,the only legal revocation approach in China is the administrative revocation.However,there are certain legal conflicts in the administrative revocation system,and it is easy to lead to “power rent-seeking” in administrative revocation.In addition,the value of the administrative relief model is also lacking.Administrative revocation cannot be adapted to the actual requirements of revoking the company defective registration and related rights relief.Based on this,this paper discusses the legitimacy of introducing the judicial revocation system of company defective registration in China.Credibility theory,company contract theory,and judicial supervision theory provide a theoretical basis for the construction of the company defective registration judicial revocation system.Compared with the administrative revocation method,the judicial revocation method of the company defective registration has the legal characteristics of passiveness,neutrality,finality and retroactivity,which not only reflects the private law value of commercial freedom,but also reflects the public law value of market supervision by country.Judicial revocation and administrative revocation are different in terms of the nature of power,value pursuit,operation mode,and social function.Judicial power is more in line with the purpose of corporate registration dispute resolution.However,there are also many obstacles in building the company defective registration judicial revocation system in China.First of all,the connection between judicial revocation and administrative revocation is related to the balance between judicial power and administrative power.Only by coping with the connection between judicial revocation and administrative revocation can the obstacles to the establishment and implementation of judicial revocation system be eliminated.Secondly,the principle of regulation of company registration has not been clarified and the legal norms of the judicial revocation system are blank.As a result,the judicial revocation system lacks a standardized basis for its implementation in China.In addition,there are still problems in the practical operation procedures of the company defective registration judicial revocation,including the defects of the pre-correction procedure,the type dispute of the judicial revocation proceedings,the dilemma of the choice of trial methods,and the lack of recognition standards for revocable defects.At the same time,the legal liability mechanism of the company's registration is rigid,the liability subject is unreasonable,the distribution of responsibilities is not balanced,and the mode of responsibility is single,which hinders the judicial remedy to play the role of institutional guarantee.Finally,in view of the above problems in the construction and implementation of the system,put forward the corresponding improvement recommendations.Aiming at the problem of the connection between judicial revocation and administrative revocation,this paper proposes to establish a dual relief mode of “choice but final”.At the same time,it is necessary to clarify the regulatory principles of the principled denial in China and establish a legal norm system for the judicial revocation system in China,which will help to enrich the normative basis of the judicial revocation system.The procedural aspects can be solved by improving the implementation path of the precorrection procedure,the type of judicial revocation proceedings that clarify the “action of confirmation”,the trial method of applying the “quick procedure”,and the strict revocable standard of recognition.The establishment of multi-party liability subjects,the determination of the basic principle of responsibility distribution and the optimization of the way of liability bearing will be conducive to the perfection of the legal liability mechanism of the company defective registration,so as to ensure the realization of the value of the judicial revocation system of the company defective registration.