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Analysis of Confirming the Case of ACI Change Requested by Gengzhi and Others
Author: ShiGuang
Tutor: ZhangHong
School: Liaoning University
Course: Legal
Keywords: Industry and Commerce Registration of Change Formal Examination Hearing
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 37
Quote: 1
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Abstract
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In the present judicial practice, administrative litigation cases which caused by the ACI change of registration becomes more and more. The function of ACI is to duty strictly in the limitation of the law and service for the public. The ACI Change may identify the Shareholders qualification, but there are always differences in the review mode as the applicant submitted files before the ACI change, and the mode is still of theory. The disputations between the form review and the real review of theory is clearly and this disputation evolved into the reality cases. This chapter begins in the reality cases and the judgment analysis of the court, adding the method of reality and theory to analysis the ACI change, proving for the form review standard necessity. It also analysis the related law problems and civil problems, discussing the main practical problems in the ACI change. On the basic of the theory I proposed the reality solution targeted, look forward to providing the possible solutions for the law enforcement and the judicial practice.The first chapter gives a brief introduction of the case. In the second chapter it abstracts the real problems of the case. This essay analysis the hazard brought by the distinguish standard of form review and the real review, from the start of the natural analysis and the effected analysis by the ACI change registration, offering that making the level of ACI change registration from the theory-real distinguish up to the statutory distinguish. It holds that it suits the form review in the ACI change registration in order that there may be distinguishing, and proves the necessary of the form review level. The essay analysis the relationship between the civil action and the criminal procedure offered by Gengzhi, and provides the best program to solve the disputation, on the other it means to combine the disputation by the civil action with the administration. This paper analyzes the difference between the first instance and the second instance, giving the related theory for the national interests and public interests related to the definition of views. The article explains the illegality of the ACI change, confirming the decision made clear the legal status; at that time confirm the judgment and the state compensation. The third chapter offers the specific suggestion according to the standard review, and suggests building the hearing procession, by which makes the responsibility of ACI. Finally it suggests making the civil action with the administration conventional and giving the choose power to the court not the parties.
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