公司设立登记制度分析-民商法学专业论文.docx

PAGE PAGE 2 关键词：公司设立登记；价值取向；审查制度；瑕疵设立登记 Abstract The companys position is increasingly important in the modern social and economic life. The company registration system as economic residence registration system and the company establishing registration system as the market access control system are directly related to the safety of the market transactions and the stability of the whole market economy, and guarantee market traders’, economy administrators’ security. Economic democracy is the main theme of this era, and company autonomy is already the basic principles of the national company law, but the efficiency and safety can not be separated from the legal regulation of market transactions, the company establishing registration system as the first threshold of legal regulation, and its importance is self-evident. In this paper, by investigated the value orientation of the company’s legal system, based on the tendency of the value orientation of the specific system determines the specific provisions. Based on analysis of the existing system defects ， it analyzes the main problems in the examination system and the defective registration system and puts forward some legislation suggestions ， and may be the legislation and practice of our country’s company registration would benefit from it. The paper has three parts totally. The first part: the value orientation of the company establishing registration of the legal system. First of all, recognize the significance of the research on the value of law method in theory, the value of law have very clear guidance on the legislative, judicial and law enforcement. Second, analyzes the of the basic value orientation of the company establishing registration of the legal system is the efficiency and safety. These two value factors is more evident the establishing registration of the legal system. Then, after analysis and comparison of China and foreign legislation and practice, the conflict of safety and efficiency is resol