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Study on Commercial Registration Legal System

Author: TianYu
Tutor: WangZuo
School: Wuhan University
Course: Legal
Keywords: Commercial registration legal system Nature Function Problems Reformation
CLC: D913.99
Type: Master's thesis
Year: 2005
Downloads: 236
Quote: 3
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Abstract

Commercial registration is a kind of legal acts which the commercial parties apply to the competent authorities for the registration and be checked and registered. The aim is to establish, change and terminate the qualification of the commercial parties. Non- existing writing commercial registration rule can be ascended to the businessmen association system in Italy and the countries bordering upon the Mediterranean in medieval times. But the modern commercial registration legal system origins from Germany commercial law in 1861, which created the commercial registration law in different countries.Commercial registration law has three legal characters: public law, compulsion and procedure. But there have always been some different points of view about its nature. The commercial registration legal system has three main functions, to protect the reputation of commercial parties, make the business more efficiently and ensure the safety of trade. But different countries have their own value orientation of the commercial registration legal system, so the commercial registration legal systems in different countries are different in the legislative model and their contents.Form legislation of commercial registration in different countries, commercial registration legal system mainly includes object of commercial registration, registration agency, types and procedures of commercial registration, effect of commercial registration and supervising and regulation of commercial registration. Besides that, the commercial registration legal system also deals with some special problems such as the registration of the trade names, the punishment of violation in the commercial registration and the management of the controversy. But for the main, commercial registration law embodies mainly procedural law, registration procedure is the main content of commercial registration law, which commercial registration laws in different countries enact exhaustively.Although the system exercised active function in protecting lawful rights and interests of commercial subject, maintaining normal economic order and trade safety, we should notice that this system has many defects in our country. They manifest thefollowing aspects: Legislative forms of commercial registration are disorder; Commercial registration legal system paid much more attention to trade safety, less to economic efficiency in its value; The liability that commercial subjects beat while violating commercial registration law during incorporation is unreasonable; There are serious disadvantages of legislative effect of commercial registration and many discordances.Because the construction of commercial registration legal system in our country has many problems, we ought to reform and perfect construction of this system .The author holds that we should perfect our country’s commercial registration system from the following aspects: Firstly, we must adopt centralized legislative model of France with relation to legislative system of commercial registration system. Secondly the value of this system should be placed on both protecting trade safety and improving efficiency. Thirdly, the system of commercial registration pubic summons should be perfected. Fourthly, the liability that commercial subjects bear while violating commercial registration laws during incorporation ought to improve. Fifthly, legislation of effect of commercial registration ought to adopt unaccompanied model. Finally, the writer puts some suggestions about concrete system of our country’s commercial registration.

Study on Commercial Registration Legal System

Abstract

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