Study On The Reform Of Commercial Individual Registration System From The Perspective Of Doing Business

On October 24 th,2019,the World Bank Group released “Doing Business 2020”,which shows that China has rapidly jumped to the 31 st place in the global ranking of Doing Business.On October 23 rd of the same year,the Regulation on Optimizing the Business Environment promulgated by the State Council made detailed provisions on optimizing business environment in the form of administrative regulations,based on the achievements since the reform of China’s commercial registration system,and filled the legislative gap of optimizing business environment in China.However,in the background of building a Legalized Business Environment in China,the optimization of business environment for commercial individuals has been ignored.The mandatory registration system restricts the development of business freedom for the commercial individuals.Even the reform of the commercial registration system,the enterprises are regarded as the main object,and the mode of reform follows the approach of“one-size-fits-all”,the individual subject derivative enterprise reform model,without considering the personalized registration requirements.Therefore,there are many problems in the commercial individual registration system,which need to be solved by means of legislation and law amendment,so as to make up for its own defects.From the perspective of business environment construction and reform of “simplifying procedures,decentralizing powers,combining decentralization with appropriate control,and optimizing services”,based on the practical needs of commercial individual registration system,this paper argues that there are such problems as complex registration legislation system,redundancy of registration entity content and rigid registration procedure and form in the current commercial registration system,which are closely related to the delayed legislative concept of commercial registration system,excessive administrative regulation and other factors in our country.Through the investigation of the beneficial experience of the registration system of small businessmen in foreign countries and regions,and combining with the basic national conditions of our country,this paper puts forward the system design idea of adhering to the “people-oriented” system,applying the partial exemption registration system,according to the principle of “free access unless prohibited” about the civil and commercial behavior,designing the scope of application of the exemption registration system in the form of a negative list.Finally,considering the reform of the commercial individual registration system is a systematic project,which need relevant supporting systems to follow up and improve continuously,this paper thinks that we should optimize the design from three aspects.First,facilitate the reform of commercial registration procedures,reduce the registration approval link,implement the whole-process online handling,incorporatethe good experience and achievements of reform practice into the system design,and revise relevant legal systems timely.Second,in terms of the contents of the registered entities,the registration of business premises is mainly subject to the commitment declaration system;carry out standardized management of business scope and online intelligent declaration.Third,in terms of supervision and management,it should be dominated by the autonomous management of social organizations and assisted by the supervision and management of government departments.It should only carry out key supervision and inspection in key areas or somewhere are serious illegal behaviors such as malicious fraud,infringement of consumers’ rights and interests and infringement of intellectual property rights.Through a series of legal system reform and improvement,we hope that the commercial individual registration system will develop in a more convenient,efficient and standardized way.