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The Analysis on the Nature and Effectiveness of Company Registration

Author: ZhangChunGuang
Tutor: ZhaoXuDong
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: company registration connotation nature effectiveness
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 237
Quote: 2
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Abstract


The nature and effectiveness of company registration concern many theoretical and practical problems.To solve these problems,we should analyses the nature and effectiveness of company registration.And the nature of the company registration determines the effectiveness of company registration.In order to explain what is the nature of company registration, we should firstly explain what is the connotation of company registration.. the connotation of company registration affect the nature of the company, thereby affecting the effectiveness of company’s registration.Connotation→nature→effectiveness→a study on the theoretical and practical problems about Chinese Company Law.This is the clue of this article.And the article is divided into three parts,which include the introduction,the main text and the conclusion.The introduction briefly mentions the issues the article intents to analyze,and makes a short presentation of this article.In the first chapter,the author analyzes the concept and types of company registration,and then explain the connotation of company registration from two aspects of procedures and people involved in company registration.In order to obtain a further apprehension of company registration,the author considers the difference between company registration and company administrative approval,and the difference between company registration and company record. Chapter two is the analysis about nature of company registration. Firstly the author considers the practical value of research on the nature of company registration.And then gives a detailed analysis on the public nature of company registration and its private nature.The author also talks about the relations of the two kinds of nature.Finally the author reaches a conclusion that company registration is a kind of public behavior,partly with a private nature.In the third chapter,the author analyzes the effectiveness of company registration from two aspects,public law and private law.At the aspect of public law,the author elaborates four kinds of effectiveness.From the perspective of the private law,the author demonstrates creditable effectiveness and antagonizing effectiveness.Then the author makes a particular analysis on the connotation,essence,and forms of the effectiveness demonstrated above.At last the author talks about the relationships among the different kinds of effectiveness of company registration.Chapter four concerns the issues of company registration in China. The author considers that registration of establishment is a kind of administrative license.Both registration of changes and registration of cancellation are forms of administrative confirmation.Then the article pierces into the problems appearing in practice about the company registration in China.The author thinks that our Company Law lacks legal provisions about the effectiveness of company registration.So the author analyzes the problems and makes several suggestions to perfect legal provisions about the company registration in the Company Law.In the conclusion part,the author summarizes the theoretical and practical problems involved in this article,and gives five proposals to perfect Chinese Company Law.

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