Research On The Legal Question Of Defective Incorporation

Defective incorporation is a problem that happens frequently during the establishment of corporation, although these defective incorporations have established according to the process. And the defective incorporation doesn't satisfy the qualification and process of statute, so they don't have the ability to withstand the venture as a common incorporation. And this time, the venture during the management process will be likely to transfer to the loaners,stockholders ant other innocent people. So the defective incorporation go against to the stabilization of economy system and the accomplish of trade, so we need to research the defective incorporation.Firstly, I have a analysis and discuss on the incorporation establishment, because the establishment of incorporation is the foundation of the whole incorporation system., and next it has a generalization about the defective incorporation in this paper. And I summarize the characteristic of the defective incorporation by contrast defective incorporation and other incorporation, in order to have a clear realization about the defective incorporation.The second part tells us that the present condition of the defective incorporation in China. And discuss the defects of the defective incorporation. in order to find the problems. And find the suitable ways to construct our system.The third part introduces the condition about defective incorporation of other countries, in order to construct our defective incorporation via the contrast about other legal systems. And find the traits of the overseas systems, in order to look for the references for Chinese defective incorporation.Finally, this article set up the consummation to our country present company slight defect which the system stipulated to make each aspect summary, and proposed on the concrete question the related legislation suggested, established the company slight defect to our country to set up the system the legislation idea to make the suggestion summary, had supplemented the company slight defect set up the reason, consummated the company to set up the slight defect to supplement and correct the system, and according to our country's special details suggested the establishment company slight defect set up dismisses the system. And further stipulated the company slight defect sets up the civil liability, by better the consequence which sets up to the company slight defect carries on the relief, but in this part final, from the lawsuit reason, lawsuit litigant, lawsuit aspects and so on decision potency embarks, established to our country suits our country national condition the company slight defect to set up the invalid lawsuit system to make the suggestion, by the time achieved the better protection related benefit rights and interests, maintained the social economy order the goal.