Research On Establishment System Of Corporation In China

The function of company in the social economy life, is based on the premise that company exists effectively. In modern corporation law, the system of company's establishment holds the important status, each national's corporation law pays much attention to the system. In our country, With the establishment of market economy system and further strengthening of opening to the outside world, people's enthusiasm of investing and establishing company has been ceaselessly strengthening. The researches into company's establishment system is still very weak in the filed of theory in our country, and there is a great distance between reality and theory on the researches of procedure of company's establishment system, so the researches on company's establishment system has great theory and practical significance. The researches into corporation law in our country starts lately, there are some sameness and differences among civil law system, anglo-American law system and our country's corporation law on company's establishment system. In order to prevent overflows of setting up the company, various countries have set up its different legislation designs. Among these legislation designs, there are many models that worthy of studying, the comparative study of civil law system and anglo-American law system on corporation law is really essential for us. In the process of establishment and development in our modern corporation law system, this article bases on the comparison of company's establishment system of our country and civil law system, anglo-American law system, summarizes and analyzes the experience and insufficiency of company's establishment system of our country, in order to inherit or transplant the western law system, localize its advanced experience on rule of law, to borrow advanced ideas from it to establish highly effective and orderly company's establishment system in our country.This article elaborates the basic principle of company's establishment system, such as the concept, nature, principles, means, condition, procedures of corporation and so on;the article introduces the company's establishment system of our country, elaborates the establishment conditions and procedures of limited liability company and company limited by shares separately;the article compares the similarities and differences on the nature, principle, means, condition, procedures of company's establishment separately between the Chinese and foreign company's establishment system;and proposes the conception to achieve the perfection of our country's company's establishment system, bases on the introduction of our company's establishment system and existent question of the legislation present situation.The research method is mainly contrast analytic method. This paper focuses onsumming up the experience and lessons of corporation establishment system in China so as to put forward some valuable advice on improving corporation establishment system.