| High-quality development inevitably requires market entities full of vigor and vitality,and the legal system of commercial registration is closely related to the vitality of market entities.With the gradual deepening of reforms,especially under the promotion of the World Bank’s business environment assessment,in order to enhance the attractiveness of the Chinese market to international capital,in recent years,the registered capital system,"licensing before certification",and "integration of multiple certificates" have been developed.A series of reforms and explorations have promoted market supervision to focus on approval over supervision,and move towards the organic integration of pre-event supervision,in-event supervision and post-event supervision.The problem is that the fragmented commercial registration legislation formed by "person-specific legislation" and "event-specific legislation" for a long time seriously lags behind the optimization of the business environment and the transformation of market supervision,and it is urgently needed to amend and perfect to respond to the resulting commercial registration system,demand.To this end,the State Council included the formulation of administrative regulations for commercial registration in the 2020 legislative plan,and announced the "Regulations on the Registration and Administration of Commercial Subjects(Draft)" in June 2020 to solicit opinions from the public.In order to promote the good law and good governance of the commercial registration system and improve the legal system of commercial registration,it is necessary to start from the actual needs of market entities in our country,combine with the reality of market supervision transformation,and grasp the legal attributes,functional positioning and registration items of commercial registration,as well as related matters.These key links are coordinated and optimized after the event.As far as the attributes of commercial registration are concerned,there is indeed a dispute between administrative licensing and administrative confirmation in the legislative process.A careful analysis of the "Administrative Licensing Law" and the evolution of my country’s commercial registration system,especially in the current market supervision transformation,the administrative licensing theory is obviously not desirable.The "Civil Code" was promulgated in due course and implemented on January 1 this year.The "private intention+administrative confirmation" of commercial registration was confirmed and consolidated.If so,the functional positioning of commercial registration lies in confirmation and service.In this way,the determination of commercial registration matters is logical,to solve the confusion caused by long-term multiple legislation and repeated legislation.In terms of releasing its information publicity function and improving administrative services,the registration matters should focus on the residence,registered capital and operation of market entities.range.The articles of association should include registration items to improve transaction efficiency and maintain transaction security.It is precisely because commercial registration is related to the establishment,change and elimination of market entities,and the coordination of pre-event and post-event supervision.It requires overall coordination of relevant systems and release of joint forces to achieve:the organic integration of entity registration and behavior registration;establishment registration and cancellation Registration coordination will not only allow market players to enter,but also exit quickly and in an orderly manner,so as to solve the chronic problem of "life is easy to die." Under the background of the reform of "licensing before license" and "multi-license integration",the supervision of subject qualifications,business qualifications,and market behaviors should be coordinated with each other to give full play to institutional synergy. |
