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Research On The Improvement Of The Simple Cancellation System Of Chinese Enterprises

Posted on:2022-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y A WuFull Text:PDF
GTID:2506306488464994Subject:Science of Law
Abstract/Summary:
Simple deregistration of enterprises is a system innovation under the background of "Reform of power delegation and tightened oversight" and optimization of market business environment,aiming at the disadvantages of general deregistration in enterprise registration management system.It is mainly reflected in the simplification of deregistration procedures and the presumption of good faith,which is convenient for enterprises to quickly delist.As a system innovation,the simple cancellation system has achieved good results,but there are still many shortcomings.The shortcomings of the simplified cancellation system are: First,the system reform lacks legal support.The reform of the simplified write-off system is currently implemented mainly in accordance with policies and departmental regulations,which makes it difficult for some reform and innovation measures to be recognized and guaranteed by existing laws,and its own system innovation is restricted by existing laws and regulations.Second,there is room for further improvement in the scope of application of the simplified cancellation system and the cancellation procedure.Third,the act of revoking the deregistration after malicious summary deregistration is not conducive to protecting the interests of creditors.Drawing lessons from the legislative experience of foreign countries and Taiwan’s enterprise deregistration system,combined with my country’s general registration system’s problem solving in practice and the practical innovation of the simplified deregistration system reform,this article proposes that the countermeasures for perfecting my country’s simplified deregistration system should be unified.my country’s commercial registration legislation confirms and guarantees the reform results of the simplified cancellation system through legislation.At the same time,it addresses the legislative aspects of the current simplified cancellation system that needs to be improved and improved,including expanding the scope of application of simplified cancellation and further simplifying the simplified procedures.Strengthen the design of legal liability for illegal activities such as malicious evasion of debts by using simple write-off,so that my country’s simple write-off system becomes a complete legal system.
Keywords/Search Tags:Commercial subject, commercial registration, general cancellation procedure, simplified cancellation procedure
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