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Study on Commercial Registration Law
Author: YeCaiHui
Tutor: LiuYongGuang
School: Xiamen University
Course: Civil and Commercial Law
Keywords: Commercial Registration Mode of Examination Legislative Improvement
CLC: D923.99
Type: Master's thesis
Year: 2009
Downloads: 261
Quote: 1
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Abstract
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Commercial registration law deals with the formation,changing and termination of commercial entity. It is in relation with the efficiency and safety of market. There are differences of commercial registration among different periods and different countries. Its development has great relationship with the development of market. In China, commercial registration law emphasizes the safety but ignore the efficiency of market. The rules of commercial registration dispear in separate laws, administration regulations and so on. Conflicts exsit in the rules. The status of commercial registration law in China falls behind the development of market. It is necessary to commence betterment of commercial registration law. This thesis starts with the basic theories of commercial registration law, then discuss the characters of commercial registration law among different countries, and finally offer somen suggestions to betterment in our country.This thesis consists of four parts. The first part is about the basic theories of commercial registration law, such as the concept, the aim, the legal value and the effect.The second part analizes the situation and exsiting problems of commercial registration in China. There is no uniform legislation for commercial registration in China, also the rules for commercial registration emphasize safety but ingnore efficiency of market. Meanwhile, the rules don’t differ qualification for entity and business and this result in controvercy in pratice. Finally, the rules for commercial registration in china neglect something needs to be specify.The third part discusses the different characters of commercial registration law in different countries. The characters exsit in style of legislation, registration organization, mode of examination for registration and registration items. Theses characters give a lesson to perfect commerail registration law in China.The fourth part offers some suggestion to better the commercial registration in China. First, we need to commence uniform legislation. Second, we need to improve the specific rules of commercial registration to protect the efficiency and safety of maret. Third, the rules should differ the qualification for entity and qualification for business. Finally, the effect of registration and proclamation should be made clear.
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CLC: > Political, legal > Legal > Chinese law > Commercial Law ( Zonglun )
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