| Business registration is a kind of commercial management system that commercial parties apply to the registration authority for registration of matters that should be registered in accordance with legal content and official procedures,in order to establish the internal and external relations of commercial entities and announce to the public to obtain the qualifications of merchants.The prototype of the foreign commercial registration system can be traced back to the ancient Rome period at the earliest.From the Middle Ages,the commercial registration existed in the form of the self-discipline of the Merchants Guild,the registration system of guilds in the Middle Ages also declined,and the business registration system gradually entered the modern state registration mode.The proper commercial registration in our country should start from the late Qing dynasty,get preliminary development in the period of the Beijing government,approach consummation gradually during the Nanjing National Government.At the beginning of the establishment of the Nanjing National Government,the Ministry of Finance set up the National Registration Bureau to take charge of all registration matters temporarily,because the Ministry of Agriculture and Mines,Industry and Commerce had not yet been established.On November 19,1927,the Ministry of Finance formulated the "Registration regulations of the National Registration Bureau",and on February 20,1928,after the establishment of the National Registration Bureau,it formulated "Enforcement rules for the registration of Business firms".As it was only a temporary expedient to place the business registration under the charge of the Ministry of Finance,with the establishment of the Ministry of Agriculture and Mines,Industry and Commerce of Nanjing National Government,the National Registration Bureau was reorganized into the Trademark Office,which deals exclusively with trademark registration matters,as decided at the regular meeting of the National Government.Business registration is under the direct jurisdiction of the Ministry of Industry and Commerce,and returned to the scope of commercial administration.Instead of being handled uniformly by the National Registration Bureau,it will be handled by local city and county governments.The Ministry of Industry and Commerce reissued the"Interim Rules for Commercial Registration" on December 10,1928,The "Registration regulations of the National Registration Bureau" and the "Enforcement rules for the registration of Business firms" were subsequently repealed in the meantime.In 1929,the Nanjing National Government adopted the system of combining civil code and commercial law and formulated the first official civil code in Chinese history.Article 681 of the Civil Code stipulates the joint and several liability system for partnership debts,which made the issue of partnership debts between businessmen and the legislative authorities an urgent reality at that time.And after discussion,a separate "Business Registration Law" was decided as a remedy.In June 1937,the Legislature revised and approved the draft of the Commercial Registration Law drafted by Youchang Huang,and in May 1938,the Ministry of Economy promulgated the "Implementation Rules for the Business Registration Law".Since then,the construction of business registration system of the Nanjing National Government tends to consummation.In the process of the construction and change of the business registration system of Nanjing National Government,it became a typical area where the state power represented by the government encountered and conflicted with the individual rights represented by the businessmen,because the system involved multiple interests.From 1927 to 1938,the power of the National Government permeated the construction of the business registration system from beginning to end,showing a strong color of state intervention.With the intervention of the National Government,the function of the business registration tended to a single management function.However,this does not mean that the Chamber of commerce and other relevant groups lost the right to participate.In the concrete implementation process,it is precisely because the chambers of commerce,accountants and other groups are striving for related interests that the business registration system is further improved and better reflects the function of serving the market. |
