Research On The Regulation Of False Registration Of Companies

As an important part of commercial registration,company registration plays an important role in recording the information in all stages of the company’s activities and making it public.It is also of great significance to standardize the market order and protect the security of transactions.At the same time,as an important way for the government to intervene in the market economy,the company registration system also plays a significant role in the national macro-control of the economy.With the deepening of the reform of commercial registration,the state has lowered the threshold of market access in order to stimulate market vitality and improve the efficiency of registration.If there is no relevant supporting laws to regulate it,false company registration will occur frequently.False company registration will directly lead to the loss of the reliance interests of the other party in the company transaction,which will indirectly affect the company registration system,commercial registration system and even the credibility of the country.At present,the research on the company registration system is more limited to the general introduction in mainland China,while the systematic and in-depth research on the false registration in the company registration is still in the minority.There are also some things we can learn from the legal regulations on false registration of companies in continental law system and Anglo-American law system from some developed countries.Therefore,the author will specifically aim at the false registration behavior existing in the company registration,analyze its nature and characteristics,enumerate its types,and then explore the essential attribute of the company registration system.Based on the analysis of all kinds of typical problems of false registration of companies,this paper intends to deeply study the legal liability and compensation and relief mechanism of all parties after disputes caused by false registration of companies,so as to protect the legitimate rights and interests of the right holders and strengthen the supervision mechanism afterwards,so as to stabilize the market order and maintain the security of transactions.The author tries to draw lessons from the experience of foreign legislation,rely on the actual situation of our country to improve the legal regulation system of false registration in our country,and prop up "an umbrella of relief" for the right holders.In order to establish the understanding of the false company registration theoretically and arouse people’s attention to the false registration,we have to redefine the false company registration.The paper is divided into five chapters.The first chapter,which is the introduction,is divided into three parts.They are the research background and significance,the current research situation at home and abroad,and the research methods,innovation and structure of this paper.After laying the groundwork for the macro background of Chinese commercial registration reform,this paper hopes to construct a relatively complete legal regulation system of company false registration from two aspects of theoretical and practical significance,which on the one hand can promote the study of the whole company registration system,on the other hand,can construct a perfect legal liability system of company false registration and a social credit system adapted to modern commercial activities.It is very important to standardize an orderly and benign operation of business activities and to create a good business environment.In domestic academic circles,although the reform of commercial registration in 2014 has set off a wave of research for one or two years,the research on the issue of false company registration is still not specific and in-depth.In foreign countries,the legislative value of the company registration system is different,so there are different legislative tendencies to solve this problem.This paper uses the methods of literature analysis,comparative analysis,case analysis and value analysis to study the legal regulation of company false registration.The second chapter is an overview of false company registration.First of all,we cut into the concept and characteristics of false company registration,and then list three typical types of false company registration in practice,namely company false identity registration,company false domicile registration and company false liquidation material registration for analysis.Although the company’s false capital contribution registration is also one of the typical types of company false registration in practice,in view of the fact that many scholars have conducted research on it,and have put forward more comprehensive and detailed suggestions for improvement,the author will not do it again in this article.The third chapter is the current legal regulation of false registration of companies and the existing problems.First of all,this paper analyzes the current situation of the legislation of company registration in China,mainly combing and summarizing the relevant laws and regulations in the Company Law of the people’s Republic of China,the relevant judicial interpretations and the regulations of the people’s Republic of China on the Administration of Company Registration.The paper puts forward the shortcomings of the existing legal regulations on false company registration in our country,which includes the unspecific legal provisions of "formal examination",the imperfect provisions of the agency registration system,the unclear rules of civil liability forms and elements,the indeterminate supervision after the event,and the poor compensation and relief mechanism.The fourth chapter is the reference of foreign relevant legislation.In view of the shortcomings of China’s legislation above,this paper compares and summarizes the relevant legislative provisions of Anglo-American law system and continental law system,summarizes their respective advantages and disadvantages,combines them with China’s specific national conditions,and then obtains several revelations to improve the legal regulation of false registration of companies in our country.The fifth chapter is the specific suggestions to improve the regulation of false registration of companies.The author puts forward six specific suggestions from three aspects to improve the legal regulation of false registration of companies in our country by drawing lessons from the excellent legislation and practical experience of foreign countries,absorbing the shining points of the relevant provisions of advanced areas and experimental areas,and basing on the socialist market economic system at last.