Research On The Effectiveness Of Commercial Registration Publicit

The concept of commercial registration should highlight the characteristics of its security,efficiency value and its private law effectiveness.Commercial registration has the effect of confirmation and publicity.The confirmation effect consists of two parts.The content confirmed by the general confirmation effect is the qualification or identity of the legal commercial subject of the applicant for registration.The special confirmation effect refers to the confirmation of the agreement of the legal person company founder on the limited liability.Commercial registration also has publicity effect,including public trust effect and confrontation effect,which are two sides of the same body,that is,the effect of "who can register facts against the other party".Public trust effect refers to the private law effect claimed by the third party to the registration subject according to the content recorded in the commercial register,which can be divided into positive public trust effect and negative public trust effect.The antagonistic effect of commercial registration is in essence a presumption that the third party is aware of the items recorded in the commercial register,and the commercial subject can claim to the third party the legal effect of its knowledge of the correctly registered items according to the commercial registration.Commercial registration refers to the act of attributing the target registration subject to the corresponding legal commercial subject and publicizing it according to the intention expression of the registration applicant.The nature of commercial registration is administrative confirmation.The filing system in the commercial registration has the effect of private law.Specifically,the information that has been filed and publicized in the commercial registration has the effect of publicity.When the filing system of the commercial registration is included in the constitutive elements of the appearance doctrine,it can be found that it conforms to all the constitutive elements of the appearance doctrine.The formal review mode of commercial registration does not reduce the credibility effect of the registered items.The legal basis of the credibility effect is externalism rather than administrative force.In the field of judicial adjudication,the subject type,business scope,legal representative,etc.of commercial registration items can be accepted without review.The scope of the bona fide counterpart in commercial registration is not limited to the trading counterpart of the commercial subject,but also includes the transferee in the equity transfer,the non fault party in the liability for fault in contracting,etc.The scope of bona fide counterpart is not limited to the counterpart of the commercial subject,but also far exceeds the person who has a transaction relationship with the commercial subject.Therefore,when applying the provisions of Article 65 of the Civil Code,the interpretation of the concept of bona fide counterpart should be expanded.In the field of commercial registration,the standard of good faith is "not knowing,and not knowing because of gross negligence".