论我国商事登记制度的立法模式
发布时间：2018-10-15 19:28
【摘要】： 本文意在探讨我国商事登记制度的立法模式,共分为导论和正文四章,总共五部分。 作为本文研究的基础和起点,导论部分先介绍了选题的背景、意义和写作目的,对现有商事登记制度的研究现状进行了综述,并介绍了本文主要的研究方法。 第一章是“商事登记制度的演进及定义辨析”。首先回顾了商事登记制度的历史沿革,重点探讨了传统商事登记制度的内在理念,并在此基础上对商事登记的定义进行辨析。本章还指出,早期股份公司设立制度是商事登记制度发展的一条线索,从发展态势上看,公司登记比传统商事登记有新的发展。 第二章是“我国当前商事登记立法模式及其弊端”。先对本文探讨的“立法模式”问题范围进行界定,并简明扼要的回顾了我国商事登记制度的历史以及当前商事登记制度的形成,尔后指出我国当前商事登记制度存在的弊端,从解决“立法模式”层面的弊端来看,统一的《商事登记法》是重要方式。 第三章“商事登记立法模式的统一形式与分离趋势”,是本文的主体部分。本章先辨析了广义的商事登记法与狭义的商事登记法,并认为商事登记法最初是以统一的形式出现,随着公司法的发展,商事登记立法模式有分立的趋势,并试图探讨引起这个过程变化的内在原因和必然性,主要是从三个角度来分析:第一,从公司作为商法人与传统商个人、商合伙区别与联系的角度分析,得出公司登记与传统商事登记存在共同的基本原则,但是不断发展的公司同比商个人、商合伙越来越凸显的特点促使了商事登记立法模式的分离;第二个角度是从传统商事登记与公司登记的目的与价值视角分析,后者有其特殊的目的与价值;第三个角度是从传统商事登记与公司登记的法律效力视角分析,后者在法律效力方面也有特别之处。 第四章是“我国商事登记立法模式的改革方向。”我国商事登记立法模式的改革是社会主义市场经济发展的必然要求,是社会主义法治进程的需要,是法律的实用主义到理念主义的提升,研究得出我国商事登记立法模式改革的方向是制定一部统一的《商事登记法》,但是由于公司法的发展,公司登记有其新的内涵与意义,因此在统一的《商事登记法》中要顾及公司登记相比传统商事登记的特殊性。 最后是本文的结论部分。
[Abstract]:The purpose of this paper is to discuss the legislative model of China's commercial registration system, which is divided into four chapters: introduction and main body. As the basis and starting point of this paper, the introduction first introduces the background, significance and writing purpose of the topic, summarizes the current research situation of the existing commercial registration system, and introduces the main research methods of this paper. The first chapter is the evolution and definition of commercial registration system. Firstly, the paper reviews the history of commercial registration system, focuses on the internal concept of traditional commercial registration system, and analyzes the definition of commercial registration on this basis. This chapter also points out that the early joint-stock company establishment system is a clue to the development of the commercial registration system. From the development situation, the company registration has a new development compared with the traditional commercial registration. The second chapter is "our country present commercial registration legislation pattern and its malpractice". This paper first defines the scope of the "legislative model", and briefly reviews the history of our commercial registration system and the formation of the current commercial registration system, then points out the drawbacks of the current commercial registration system in China. The unified Commercial Registration Law is an important way to solve the disadvantages of the legislative model. The third chapter is the main part of this paper. This chapter first analyzes the broad commercial registration law and the narrow commercial registration law, and thinks that the commercial registration law appeared in the form of unification at first. With the development of company law, the legislative model of commercial registration has a tendency of separation. And try to explore the internal reasons and inevitability of this process change, mainly from three angles to analyze: first, from the perspective of the company as a commercial law person and traditional commercial individuals, business partnership difference and relationship. It is concluded that there are common basic principles between the company registration and the traditional commercial registration, but the growing characteristics of the company compared with the individual and the business partnership promote the separation of the legislative model of the commercial registration. The second angle is from the point of view of the purpose and value of the traditional commercial registration and the company registration, the latter has its special purpose and value, the third angle is from the perspective of the legal effect of the traditional commercial registration and the company registration. The latter also has special features in terms of legal effect. The fourth chapter is the reform direction of the legislation mode of commercial registration in our country. The reform of the legislative model of commercial registration in China is the inevitable requirement of the development of socialist market economy, the need of the process of socialist rule of law, and the promotion of legal pragmatism to idealism. It is concluded that the direction of legislative reform of commercial registration in China is to make a unified Commercial Registration Law. However, due to the development of the Company Law, the company registration has its new connotation and significance. Therefore, in the uniform Commercial Registration Law, the particularity of company registration compared with traditional commercial registration should be taken into account. The last part is the conclusion of this paper.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D923.99
本文编号：2273595
[Abstract]:The purpose of this paper is to discuss the legislative model of China's commercial registration system, which is divided into four chapters: introduction and main body. As the basis and starting point of this paper, the introduction first introduces the background, significance and writing purpose of the topic, summarizes the current research situation of the existing commercial registration system, and introduces the main research methods of this paper. The first chapter is the evolution and definition of commercial registration system. Firstly, the paper reviews the history of commercial registration system, focuses on the internal concept of traditional commercial registration system, and analyzes the definition of commercial registration on this basis. This chapter also points out that the early joint-stock company establishment system is a clue to the development of the commercial registration system. From the development situation, the company registration has a new development compared with the traditional commercial registration. The second chapter is "our country present commercial registration legislation pattern and its malpractice". This paper first defines the scope of the "legislative model", and briefly reviews the history of our commercial registration system and the formation of the current commercial registration system, then points out the drawbacks of the current commercial registration system in China. The unified Commercial Registration Law is an important way to solve the disadvantages of the legislative model. The third chapter is the main part of this paper. This chapter first analyzes the broad commercial registration law and the narrow commercial registration law, and thinks that the commercial registration law appeared in the form of unification at first. With the development of company law, the legislative model of commercial registration has a tendency of separation. And try to explore the internal reasons and inevitability of this process change, mainly from three angles to analyze: first, from the perspective of the company as a commercial law person and traditional commercial individuals, business partnership difference and relationship. It is concluded that there are common basic principles between the company registration and the traditional commercial registration, but the growing characteristics of the company compared with the individual and the business partnership promote the separation of the legislative model of the commercial registration. The second angle is from the point of view of the purpose and value of the traditional commercial registration and the company registration, the latter has its special purpose and value, the third angle is from the perspective of the legal effect of the traditional commercial registration and the company registration. The latter also has special features in terms of legal effect. The fourth chapter is the reform direction of the legislation mode of commercial registration in our country. The reform of the legislative model of commercial registration in China is the inevitable requirement of the development of socialist market economy, the need of the process of socialist rule of law, and the promotion of legal pragmatism to idealism. It is concluded that the direction of legislative reform of commercial registration in China is to make a unified Commercial Registration Law. However, due to the development of the Company Law, the company registration has its new connotation and significance. Therefore, in the uniform Commercial Registration Law, the particularity of company registration compared with traditional commercial registration should be taken into account. The last part is the conclusion of this paper.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D923.99
【引证文献】
相关硕士学位论文 前3条
1 孟更华;商事登记法律制度研究[D];中央民族大学;2011年
2 蔡红辉;公司登记审查研究[D];华东政法大学;2011年
3 张哲绮;商事设立登记法律制度研究[D];华东政法大学;2012年
，本文编号：2273595
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