Functional Orientation And Legal Realization Of Commercial Registration

Commercial registration is a comprehensive legal act that combines the applicant’s application for registration with the registration authority’s examination and registration.The substantive law,procedural law and policy documents that regulate the legal act of commercial registration are collectively referred to as the legal system of commercial registration.Function problem belongs to the category of legal system ontology.It refers to the function and efficiency of law.It is an inherent,ought to be,valuable legal phenomenon which has been determined in measurement.Academic circles generally believe that commercial registration has the dual attributes of public law and private law,and can achieve market access,information publicity,externalism,national supervision,statistical taxation and other functions through different legal system arrangements.However,through historical analysis and comparative analysis,we can see that the functional orientation of commercial registration is not the same in different countries,regions and different historical periods.Throughout the history of China’s commercial registration system,we can clearly see the evolution of its function.From the tax collection in ancient times to the end of Qing Dynasty,to the economic control in the period of the Republic of China,and then to the strict access before the current round of commercial registration reform,it shows the national management function with strong public law color.This round of business registration system reform reflects the strong return of the service function of business registration.However,the western commercial registration shows the private law attribute with the purpose of publicizing the business status and confirming the rights of the commercial subject from the origin.Some foreign scholars even hold the view of single function,and think that the commercial registration only has the function of publicizing.It can be seen that the function of commercial registration reflects the response to the social background and practical needs,the functional orientation determines the specific legal system design,and the functional problem is the theoretical basis for determining the reform direction and system construction of commercial registration system.Therefore,from the perspective of reflection and positioning of commercial registration function in practice,this paper reconstructs and improves China’s commercial registration legal system through the legal realization of the function.Under the background of economic development that business environment promotes international competitiveness,the reform of business registration system is the main reform measure for the world’s economies to reduce the transaction system cost of business entities,enhance economic vitality and promote economic development.After the reform of China’s business registration,the access function has been weakened by subversion,and the public function has begun to take shape,which conforms to the international trend of optimizing the business environment and improving the convenience of enterprises.But is this change in line with China’s national conditions and can it solve China’s problems? The reason why some countries can solve the problem of irrational company establishment with strict regulation afterwards rather than in advance is related to their good social credit foundation and strict punishment mechanism.Therefore,in addition to the common consideration of business environment,we should also consider the differences between Chinese and Western cultural concepts,integrity environment and legal environment.We should not blindly pursue the value of efficiency and ignore the value of safety.This problem exists not only in theory,but also in practice,such as the frequent occurrence of false registration and affiliated companies after the reform of commercial registration,and the lack of appearance rules in judicial practice.This leads to the author’s reflection on the functional orientation of commercial registration at this stage.Commercial registration has a dual value.It not only needs to protect the order of market transactions and realize the control of public law,but also serves to create a business environment and protect the private rights of business subjects.It needs to balance the demands of the state,business subjects and the third party in the functional design,so as to achieve the coordination and unification of efficiency value and security value,and highlight the registration concept of public-private balance.Therefore,in the functional orientation,we should retain the access function,strengthen the publicity function and shape the appearance function.In terms of system reconstruction,we should design the access function differently according to the correlation between registration requirements,efficiency and safety,and then supplement it with supporting supervision system.We should strengthen the publicity function from three aspects of publicity scope,publicity mode and publicity subject,supplement the specific rules of externalism and clarify its constituent elements to shape the externalism function.Through the three major functions,they respectively act on the stage of prior access,in-process operation and post relief,and jointly build the business registration function which is in line with China’s integrity environment,legal environment and cultural concept.