The Study on Enterprise’s Business License Revoked and the Lawsuit Qualification
|Keywords||Civil subject Subject of Civil Action Business license Legal personality Liquidation group|
Our enterprise legal person business license revoked after the subject of proceedings to determine the eligibility lack of a clear , unified legal basis , the Civil Code and the Civil Procedure Law , Company Law , Company Registration Management Regulations \business license on the Civil Code the main qualifications , but in the \in view of this situation , the paper , the research and analysis of China 's existing laws as well as international law on civil subject and the subject of civil Procedure provisions taken limited secessionist or two of the main non-uniform current situation and its historical origins , the specific analysis of the main body of civil Procedure problems in other aspects of the system itself , the proposed civil subject and the subject of civil Procedure shall maintain the unity of , it should be as soon as possible to develop a unified view of the civil Code . Enterprise legal person , as an important class of civil subject , revoke the business license of enterprise legal civil subject qualifications and civil litigation subject qualification will produce what kind of impact and should produce what kind of impact ? In this paper, the relevant laws and regulations of the business license , and analysis of its nature and function , enumeration and analysis from the five aspects of enterprise business license revoked , and judicial practice more prevalent both cases ( corporate business license revoked and canceled ) the use of induction and deduction of the key comparison and detailed elaboration and discussion . Proposed A law shall specify the Enterprise civil subject, and operating qualify for the loss of the standard business license should be the characterization of the enterprise legal management qualifications , loss of business license does not directly enable enterprises to lose the qualification of civil subject . Fourth part of the determination of the subject of proceedings in respect of the liquidation of the enterprise credit and debt , prior to liquidation , liquidation and liquidation enterprise legal changes in the nature and the subject of proceedings to determine the relationship point of view , to analyze and summarize the enterprise legal civil subject qualifications, the subject of proceedings qualification proposed to participate effectively in the loss of business license of enterprise legal aspects related litigation measures and solutions . Finally, revoke the business license system in China has made two proposals .