Identification Of The Joint Management And Its Responsibility Form

Joint management is unique tolegal system of China. In the early days after foundation of People’s Republic of china, during the socialist transformation,new government encouraged public enterprises or joint ventures of the Company to participate in the Joint management organization.In the early1980s, with the requirements of the development of the commodity economy, the lateral economic ties had been resurgence.It had become the main content of the national economic reform. After the1980s, The State Council and its ministries have promulgated aseries of administrative rules and regulations to promote the development of an association.The Joint management of Registration ofasso ciations was also made provisions.The General Principles of the Civil Law, passed by the National People’s Congress in1986; Joint management legal system recognized form of the Basic Law. Joint management is divided into association of legal persons、joint management in partnershipand cooperation-type coordinated management. In1990, the Supreme People’s Court made "several questions on Joint management contract dispute interpretation". These laws and regulations have greatly enriched and improved the Joint management system. It has played an irreplaceable role in a certain period of the country’s economic construction about our Joint management system. With the accelerated pace of legal construction, the defect of Joint management system is becoming increasingly prominent. It is not standardized and have a legislative loophole. It has resulted in a large number of economic disputes.Joint management system experienced an unprecedented embarrassment and crisis. Hearing about Joint management dispute cases, someone has been rejected because of the lacking of legal basis. The judge made different verdict on the same case because of the inconsistent understanding of the law. It was called applicable law confusion. This tended to make the interests of the party suffer irreparable damage. This article isin-depth analysis about the Sino-foreign contractual enterprise in the legal classification, the legal characteristics of the main qualifications, bear civil liability conditions, and the problems of current Joint management system by exploring with the typical case of Joint management disputes. It has also included the conditions and problems bore by joint management in partnership in the civil liability. It raises solutions and manners about the problem of current Joint managementresolution mechanisms, and provides the base on the promotion of the law system about the Joint management...