On The System About Flaws Existing In Incorporation Of Company

Because corporate law strictly stipulates on creating companies ,it cannot be avoided that there exists a lot of flaws in the process of creating a corporation .the flaw of creating a corporation defines that in the process of setting up a new cooporation ,the promoters get the corporation registered not according to the entity and procedure conditions of the law. it mainly exemplifies in the following aspects .outwardly it owns dependent corporation qualifications to do some civil actions ,but actually ,due to the illegality of flaw ,it does't have what a legal and valid comany should own .the flaw of creating a corporation is bound to effect on the corporation qualification . out of various flaws ,the newly-founded cooporation probably will be made invalid or be annuled ,which leads to a series of negative social consequences.if the corporation qualification is annuled ,it rusults in economy bankcruptancy which is centered on the corporation.furthermore ,it makes some effects on China's market economy operation.but in fact ,on the research of flaw of creating corporate in our corporate law ,it is far from enough to cover the topic as to the current study on this field .under this circumstance ,it is not beneficial for effectilvely stipulating and adjusting all kinds subjects in our modern economic life .In connection with the problem of flaw in the corporation,s foundation,the lao should have difinite provition to regulate it. Firstly ,we must admit the corporation existing flaws is valid according to the condition of market economy in our country,which not only reflects our following the company exterior appearance ,but also is the requirity of our countrys economical development. The secondly ,we must construct the system or institution that includs invalid declaration,repeal and remedy for the corporation existing flaw in it,s foudation. Especially ,something that include the reasons causing invalidity and repeal;subjects to start the procidures of invalid declaration or the procedure of repeal;the seasoning of the lawsuit should be stipulated strictly,which will provides a safeguard to resolve the problem of flaw in the corporation,s foundation effectively. At last ,we should not only pay attenting to perfceting the provision about criminal and administrative responsibility but also perfecting the provision about civil responsibility when we construct the system of responsibility.