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引言商事登记审查法律制度是商事主体进入市场的准入制度,商事主体能否简易、快捷地进入市场参与竞争、创造利润,主要看商事登记审查法律制度是否科学、合理。我国的商事登记审查制度的法律规定最早出现在1988年。当时,我国处于计划经济向市场经济转轨过程中,出现了大量不具备经营资格和条件的非法商主体混入市场,从事各种商业欺诈和投机违法活动,致使整个市场的交易风险增大,交易安全遭到严重威胁。为了维护交易安全和良好的社会经济秩序,从而出台了一些商事登记审查法律制度,对商事主体的设立行为加强引导和规范。但是,由于我国法律没有对我国采取何种形式的审查制度做出明确规定,导致了理论界和实务界对此问题的认识也存在很大的分歧,在实践中商事登记纠纷层出不穷。基于此,本文对我国采取何种形式的审查制度从理论上进行了探讨,从而为我国立法选择提供合理依据。
Introduction The legal system of commercial registration examination is the admittance system for the commercial subject to enter the market. Whether the commercial subject can enter the market easily and quickly to participate in the competition and create profits mainly depends on whether the commercial registration review legal system is scientific and reasonable. The legal provisions of China’s commercial registration examination system first appeared in 1988. At that time, in the course of the transition from a planned economy to a market economy, a large number of illegal business entities that did not have the qualifications and conditions of operation appeared in the market to engage in various commercial frauds and speculative illegal activities, resulting in increased trading risks in the entire market and transaction security Seriously threatened. In order to safeguard transaction security and a good social and economic order, some legal systems of commercial registration examination have been promulgated to strengthen guidance and regulation on the establishment of commercial entities. However, since China’s law does not make any explicit stipulations on what kind of censorship system China adopts, it leads to great disagreement between theorists and practitioners on this issue. In practice, disputes over commercial registration come forth endlessly. Based on this, this paper discusses in theory what kind of censorship system China adopts, so as to provide a reasonable basis for the legislative choice in our country.