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A Study on the Invalid Legal System of Company’s Establishment Registration

Author: PangHuaLi
Tutor: XiaoHaiJun
School: Hunan University
Course: Legal
Keywords: The establishment of defective Invalid establishment Prohibitive norm Public interest Public order and good morals
CLC: D922.291.91
Type: Master's thesis
Year: 2012
Downloads: 48
Quote: 0
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Abstract


In recent years, in the course of the company’s establishment, it is a verycommon phenomenon for the company setting up defect which causes by a variety ofreasons. At present, our Company law only has administrative revocation systemabout regulating the defective company. The scope of the system only has two kindsof situations, which are the company sponsors fraudulently registered capital orsubmit false materials diddle company registration of establishment. It can’t solvedefective company’s flaws which caused by other reasons. At the same time, the maingravity of this system is compensation for who trust the company registrationcreditors or other interested persons, it embodies the legislative principles of personalstandard. Therefore, it is limited for restricting the defective company. So it is veryurgent and necessary about perfecting the legal system of our country companyregistration.The establishment of legal system for invalid incorporation is a judicial reliefabout regulating The defective company’s problems, by which the reason is that thecompany did not obey the mandatory or prohibitions of the illegal state laws oradministrative regulations in the process, or the company set up illegal purpose orviolate the social public good morals, which lead to great loss about the country’sinterests, the social and public interests, so the related person request the court todeclare the company registration invalid. The center of gravity of the system ismaintaining the interests of the state, the public interests of the society, strengtheningthe social responsibility of the enterprise, it reflects the social standard of thelegislative principles and values. as the administrative revocation system necessarysupplement, the establishment of legal system for invalid incorporation and theadministrative revocation system cooperate with each other, can not only enrich theestablishment registration system in our country, but also can make Legal disputeswhich cause bys get unified and efficient solution. When building the companyregistration system for invalid incorporation, we need to specify the scope ofapplication, the subject of a lawsuit, procedural, jurisdiction, etc. At the same time, we also need to define related responsibility’s legal responsibility clearly, in order torealize the laws of the sense of justice.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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