Study On The Free Exit Mechanism Of Market Entities In Hainan Free Trade Port

Since April 13,2017,President Xi Jinping’s speech on April 13 and the Overall Plan for Hainan Free Trade Port Construction,especially the Overall Plan for Hainan Free Trade Port Construction,have repeatedly proposed that free and convenient investment is one of the important themes of Hainan Free Trade Port construction.Faced with the problems of excessive government intervention,cumbersome procedures and lack of deterrence in the current market withdrawal system,it is necessary to establish a more efficient and convenient system for market players to withdraw voluntarily.Based on this,this paper mainly divided into three parts,the content is as follows:the first part introduces the market main body law overview of active exit system,expounds the necessity of constructing legal connotation,respectively and the legal value,this part has been clear about the market main body active exit system is discussed in this paper the needs of the market main body based on their own business decisions through resolution to dissolve,commitment to liquidation,announcements,cancellation of the initiative to give up to obtain business qualifications and the system of legal person status.The system is characterized by autonomy,high efficiency and close connection of the principle of good faith.The second part introduces the present situation of our legal system of market main body active exit and the existing problems,the current market in market main body should take the initiative to withdraw from the market exit system must dissolution and liquidation and logout through three link,in the two areas detailed procedural provisions specified in the present system,leading to excessive government intervention,with a long cycle active exit,etc.Due to the limited deterrent power of the post-liability system,the phenomenon of zombie enterprises and malicious exit occurs frequently.The third part refers to the relevant provisions on deregistration of companies in The Companies Ordinance of Hong Kong,and summarizes and analyzes its differences from the current withdrawal system in three aspects: government functions,withdrawal from supervision mode and post-liability system;In order to properly solve the problems existing in the current system,the author puts forward his own Suggestions in the fourth part based on the construction practice of Hainan and the successful experience of The exit system of Hong Kong market.First of all,the current liquidation system is replaced by the liquidation commitment system.Activequitters can quit before liquidation after the announcement of the liquidation commitment and guarantee,so as to shorten the withdrawal period and improve the withdrawal efficiency.Secondly,the cancellation announcement replaces the existing cancellation system.Within the period of the notice of appeal,government departments and non-governmental forces to verify the authenticity of the materials.Finally,in the aspect of post-punishment system,it emphasizes the application of social credit system and insists on paying equal attention to reward and punishment.In the credit punishment measures,it may be considered to reduce the credit rating of the illegal quitters and limit their qualification to re-enter the relevant market operation fields.