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company research

The establishment of the company refers to the company sponsors ( or the creation of a company ) established in the contract or agreement, according to the" company law" and the relevant company regulations to proceed was founded in a variety of preparations during the formation of the special organization. It is the effective establishment of contract as the basis, the company initiated the people together, and to establish the corresponding relationship between rights and obligations and the formation of the Corporation of the future model  Sciatic Pain.

The company serves as a kind of inside governance mechanism ( Governance Structure ), with independent legal status and legal relationship of various subject groups and institutions,company formation the establishment process is such as to form a harmonious operation of the human body, is a gradually developing process. According to the civil law scholars, the entity before the establishment of the internal and external are all kinds of legal relationship, that is the establishment of the company.

In modern corporation law to the establishment of the company by a strict criterion doctrine under the big background, the" company law" to the establishment of the company almost all made detailed and strict rules, and China is no exception, especially to raise a company limited by shares established, its establishment process includes a constitution, determined from shareholders payment of capital, set agency, until the registration of establishment for many steps, generally lasts several months, during this process, the establishment of the company for its establishment and for a variety of established acts, such as signing promoters agreement, making the articles of association of the company, payment options, to hold an inaugural meeting, rental of plants, employment etc..

China's" company law" only for the operation of company activities to make a standard, on the establishment of the company stipulates that deficient, content is relatively simple, so that the establishment of the legal status of Corporation in embarrassment, can be said to belong to the legislative oversight. According to the current legislation, resulting in the law is not clear, how to determine the legal responsibility main body is also not clear enough, these problems are urgent legislation to make specific provision, to fully protect the interests of the relative contracts,solar wafer to maintain social and economic order and stability, for the establishment of a harmonious development of the society to provide a good legal environment.

Because before there was always an emphasis on legislation principles rather than legislative technical errors, leading to the academia on the establishment of the company research is weak. A few days ago with the revision of company law to speed up the process, and constantly improve the company law theory circle all aspects of the theory, strengthen the establishment of the company on the

In 2003 November, the Supreme People's Court on the trial published" company cases several provisions ( Draft)" ( hereinafter referred to as" ( Draft)" ), for the establishment of the company legal disputes trial made corresponding regulations, not that has positive and realistic significance : on the one hand for the judicial authority the trial of cases related to provide the legal basis for reference, on the other hand because of its draft, also need to improve and refine, also for scholars provides opportunities for each airs his own views.