Research On The Risk Prevention Of Reducing Company’s Market Access Standards

The latest reform of corporation legal system covers mainly registered capital system,registration system,annual inspection system, company integrity system,etc. Overall,the condition of corporation’s entrance into the market has experienced a process of strict to loose,which not only goes with the trend of the market economy,but also meets the requirement of the main market players.The constant development of company cannot live without the government support,and also the protection of law.The amendment of company law in Dec,2013 confirm the results of company system reform as the provision of law.However,the measures in accordance,such as the risk prevention system, have not been implemented in time.Under this condition,the permission of company’s entrance into the market is reduced,while the risk of credit,finance and operation are increased.Based on the current situation of the company’s development in China,we have borrowed the successful experience of company law abroad.With the improvement of the system of credit regulation,financial supervision and internal management,we are aiming to build up company’s risk prevention system after the reduction of the condition of corporation’s entrance into the market.Except for introduction and conclusion, the paper can be divided into four major parts:The first part is about the economic and legal foundation of risk prevention about the company reducing market access conditions. This part elaborates the theoretical foundation of the company reducing market access conditions, from the economic theory which includes supply-demand theory, cost-benefit theory, the company credit theory, to the legal theory which includes fairness and justice theory, company contract theory and stakeholder theory. Respectively it explains the necessity of reducing the company market access conditions under current economic situation.The second part is about the conflict and balance of risky value goal concerning company’s reducing market access conditions. This part mainly expounds various value goals of risk prevention about company’s market access conditions such as freedom, efficiency, safety, justice and so on. And it also states the conflicts among these value goals. In the case of reducing company’s market access conditions, we can provide correct guide values to company’s market access conditions by pursuing a balance among all kinds of value goals.The third part analyzes the current condition and shortcomings of our country’s reducing company’s market access conditions. This part focus on the current condition of company registered capital system, company registration system, the supervising system, company legal liability system and other company’s systems in China. Then based on the existing system, the author summarizes the shortcomings our country’s Company Law involved in the current risk prevention system of company’s reducing market access conditions, which conclude company credit system, company property regulation system and internal governance structure.Based on what have been discussed above, the fourth part combines the shortcomings existing in China’s current company legal systems, and then puts forward some suggestions from credit system, company property regulation system and company internal governance structure, aiming at reducing the risks caused by reducing company’s market access conditions where possible and thus improve the orderly operation of the market.