Research On The Judicial Adjudication Path For The Cancellation Of Registration Of Defective Companie

In our country,there are no clear and specific provisions in the current legislation to regulate the reregistration of defective company establishment.This makes local courts,when trying this kind of cases,formulate various questions,such as whether the degree of involving registration should be revoked,the scope of revocating of defective company,whether the judicial intervention should take administrative intervention as premise and what type of litigation applicable to the basic fact disputes,etc.There are different views.In judicial practice,such cases have serious discretion.In the academic world,there are always many debates on whether the doctrine of recognition or denialism should be adopted in the regulation of defective company personality,whether defective company can be administratively revoked by administrative organ,and how to define the nature of the company establishment registration act.This paper summarizes and analyzes the controversial issues related to the trial practice and theory of the case of cancelling the registration of the defective establishment company,and then puts forward reasonable ideas to solve the problem of different judgments in the same case of this kind of case.