深圳商事登记制度优化研究
发布时间：2018-10-09 13:30
【摘要】：作为一个国家或地区商事法律制度之重要内容,商事登记制度具有推进社会经济健康、稳定、有序发展、保障商业交易安全、维护商事主体及相关各方合法权益的重要作用。深圳作为国家商事登记制度改革的重要试验区,先行先试,勇于探索,取得了预期的丰硕成果,主要体现为实行主体资格与营业资格的分开独立登记等七个方面。深圳商事登记制度,虽然在改革之后取得了可喜的成绩,但在实践中逐渐暴露出了一些问题,诸如在登记对象、登记事项等若干方面存在的问题。经分析发现,其中不仅有动态管理层面政府治理能力方面的原因,还有静态职能层面职能转变和服务型政府建设方面的原因。找出了问题成因后,就此对症下药,有针对性地提出了优化措施,比如,在登记对象方面,取消个体户主体类型的登记,将部分民办非企业单位和律师事务所均归入商事登记,将部分行业由“先证后照”改革为“先照后证”。本文力求形成既扎根深圳实际情况又符合国际商业惯例的科学合理的优化措施体系,其中既有关于制度本身具体内容的优化建议,又有相关配套改革领域之建设与完善的对策建议;既有关于制度这一客体层面的优化建议,又有关于登记人员这一主体层面的队伍建设提议。全面而系统的优化措施体系的提出,有益于深圳商事登记制度的继续深化改革和不断发展完善,有益于为不久的将来广东乃至全国商事登记制度的构建提供有价值的启发、参考和借鉴,也有益于促进深圳经济社会的发展特别是商业的兴旺繁荣。
[Abstract]:As an important part of the commercial legal system of a country or region, the commercial registration system plays an important role in promoting the healthy, stable and orderly development of social economy, ensuring the security of commercial transactions, and safeguarding the legitimate rights and interests of commercial subjects and related parties. Shenzhen, as an important experimental area for the reform of the state commercial registration system, has tried first and dared to explore, and has achieved the expected fruitful results, which is mainly reflected in seven aspects, such as the separate registration of the subject qualification and the business qualification, and so on. Although the commercial registration system of Shenzhen has made gratifying achievements after the reform, it has gradually exposed some problems in practice, such as the problems existing in some aspects, such as the object of registration, the registration items, and so on. Through analysis, it is found that there are not only the reasons of dynamic management level government governance ability, but also the static functional level functional transformation and service-oriented government construction. After finding out the causes of the problems, this paper puts forward the appropriate measures to solve the problem. For example, in terms of registration objects, the registration of the main types of self-employed businesses is cancelled, and some private non-enterprise units and law firms are all classified as commercial registration. Part of the industry from the first card after the reform of the first card after the card. This paper tries to form a scientific and reasonable system of optimization measures, which is both rooted in the actual situation in Shenzhen and in conformity with international business practices, with some suggestions on the optimization of the specific contents of the system itself. There are also suggestions for the construction and improvement of related reform fields, both about the optimization of the system as an object level, and the construction of the contingent at the subject level of the registrar. The proposal of a comprehensive and systematic system of optimization measures is beneficial to the further reform and continuous development of the commercial registration system in Shenzhen, and to providing valuable inspiration for the construction of the commercial registration system in Guangdong and even the whole country in the near future. Reference and reference, also conducive to the economic and social development of Shenzhen, especially the prosperity of business.
【学位授予单位】：哈尔滨工业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.29
本文编号：2259513
[Abstract]:As an important part of the commercial legal system of a country or region, the commercial registration system plays an important role in promoting the healthy, stable and orderly development of social economy, ensuring the security of commercial transactions, and safeguarding the legitimate rights and interests of commercial subjects and related parties. Shenzhen, as an important experimental area for the reform of the state commercial registration system, has tried first and dared to explore, and has achieved the expected fruitful results, which is mainly reflected in seven aspects, such as the separate registration of the subject qualification and the business qualification, and so on. Although the commercial registration system of Shenzhen has made gratifying achievements after the reform, it has gradually exposed some problems in practice, such as the problems existing in some aspects, such as the object of registration, the registration items, and so on. Through analysis, it is found that there are not only the reasons of dynamic management level government governance ability, but also the static functional level functional transformation and service-oriented government construction. After finding out the causes of the problems, this paper puts forward the appropriate measures to solve the problem. For example, in terms of registration objects, the registration of the main types of self-employed businesses is cancelled, and some private non-enterprise units and law firms are all classified as commercial registration. Part of the industry from the first card after the reform of the first card after the card. This paper tries to form a scientific and reasonable system of optimization measures, which is both rooted in the actual situation in Shenzhen and in conformity with international business practices, with some suggestions on the optimization of the specific contents of the system itself. There are also suggestions for the construction and improvement of related reform fields, both about the optimization of the system as an object level, and the construction of the contingent at the subject level of the registrar. The proposal of a comprehensive and systematic system of optimization measures is beneficial to the further reform and continuous development of the commercial registration system in Shenzhen, and to providing valuable inspiration for the construction of the commercial registration system in Guangdong and even the whole country in the near future. Reference and reference, also conducive to the economic and social development of Shenzhen, especially the prosperity of business.
【学位授予单位】：哈尔滨工业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.29
【参考文献】
相关期刊论文 前2条
1 杜晓溪;赵鲲鹏;;国内外政府职能转变研究述评及当代走向[J];辽宁行政学院学报;2010年12期
2 张淼晶;;浅论我国商事登记制度的完善[J];赤峰学院学报(汉文哲学社会科学版);2013年07期
相关硕士学位论文 前1条
1 臧博;我国商事登记制度研究[D];首都经济贸易大学;2007年
，本文编号：2259513
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