Construction Of Exemption System Of Commercial Registration In China

In order to encourage mass entrepreneurship and innovation,the state has carried out many commercial registration reforms,which has always focused on enterprises and other organizations,rarely involving natural persons.Against the background of the diversification of economic development and the popularization of new business forms,the malpractice of compulsory registration is becoming more and more obvious.In order to abolish the free business right of the natural person operator and realize the real business for everyone,it is necessary to construct the business registration exemption system with the natural person operator as the core.The main purpose of this paper is to provide the relevant theoretical basis and reasonable practical scheme for the construction of the exemption system of commercial registration,so as to accelerate the realization of the uniform commercial registration legislation.This article mainly uses the comparative analysis method to carry on the research,in the overall mentality insists take the compulsory registration principle as the principle,conditionally applies the arbitrary registration principle.According to the advanced practice of commercial developed countries and the social situation of our country,the scope of exemption object of commercial registration is determined,and then the system of exemption of commercial registration is constructed.There are four parts in this paper.The first one is about the current situation of Commercial Registration in China from the perspective of Compulsory Registration and arbitrary registration By analyzing the advantages and disadvantages of compulsory registration doctrine and arbitrary registration doctrine,it is concluded that they are not distinct but complement each other.The second part discusses the logic and legal basis of the exemption system of commercial registration and the value of market economy,limited government and economics of law.In the third part of the text,through the investigation of Germany,Japan,Taiwan,Hong Kong and other countries of the mainland legal system,it is found that they all stipulate a certain degree of exemption from registration on the basis of the compulsory registration doctrine And the scope of exemption is generally small-scale,non-sustainable,unstable selfemployed,which has a certain enlightenment to the construction of China’s exemption system of commercial registration.The last part of the text is the construction of the exemption system of commercial registration.Taking the identification of the business subject qualification of the natural person operator as the logical starting point,and by facing up to the relationship between the business registration and the business subject qualification,the individual business system is reconstructed,and the nameless business subjects such as itinerant vendors are brought into the category of the business individual,to determine the scope of the exemption from registration within the scope of the business individual.Finally,different types of online and offline operators exempted from registration should be subject to different regulatory modes and corresponding measures should be taken to achieve a balance between freedom of business and behavioral constraints,so as to release the vitality of the market to the maximum extent.