摘 : 入世国市场济发展需融入全球济体化进程现行市场体发生变化市场准入制度调整
传统工商行政理企业注册模式受挑战
企业注册制度改革势必行
综观世界国企业登记注册制度历史演变程历四阶段:特许义放义许义准义阶段
世界准义已成市场济国家普遍采国际惯例国现行企业注册制度状况登记审批相互渗透相互结合公司登记非公司登记双轨制资企业外资企业私营企业登记样性级辖域辖指定辖授权辖委托辖相互结合相互交错区济发展差异导致注册手段注册方法样性
现象产生反映立法缺乏系统性公开性市场体市场准入环节出现公性合理性
表现市场体设立等市场准入等市场资格条件设立程序等
WTO求市场规范标准求准入统公竞争方公基础
求现行注册制度必须进行改革
企业注册制度改革应坚持高效规范简化价值取
建议策:注册登记机关设置应集中部门样体现注册机关权威统性高效规范性注册模式采取法登记营业登记分离法登记解决法律位营业登记解决资格问题注册实质改革应变注册材料真实性合法性实质性审查形式审查建立注册官制度客观减少行政首长干预监督保持注册权相独立性培育完善中介机构企业摆脱冗杂事务登记机关办理程序高效快捷
通述手段国企业设立制度审批注册制准登记制拢发展适应WTO基规
关键词 WTO 企业 注册 制度 改革 Abstract With China’s entry into WTO the development of China’s market economy has been in burning need of becoming further integrated with the economic globalization For this reason the current market will change while the market access system will be adjusted The traditional enterprise registration mode of industrial and commercial administration is faced with challenge It is necessary to carry out reform of enterprise registration system The evolution history of enterprise registration system of countries all over the world has undergone four phases namely Entry with Franchise Free Entry Entry with License and Entry with Rule In today’s world Entry with Rule has become the international practice prevailing in marketeconomy countries However in China the current enterprise registration situation is as follows mutual penetration and combination between registration and examination and approval twopath system of enterprise registration and nonenterprise registration diversity ofdomesticfunded enterprise registration foreignfunded enterprise registration and private enterprise registration mutual integration of leveldomination regionaldomination appointed domination authorized domination and consigned domination difference in economic development leading to diversity of registration means and registration approach All those reflect that our legislation is lack of systematism and transparency which has caused inequity and irrationality in the link of market access which manifest the inequity of establishment of market the inequity of market access and the inequity of market qualification condition and procedure of establishment WTO requires standardized market unified and fair access so that every competitor will have a basis of equity All these request that there is a must to carry out reform in registration system The reform of enterprise registration should adhere to the value orientation of efficiency standardization and simplicity Our main suggestions are listed as follows Only one department should be in charge of registration so as to embody registration organ’s authority unity efficiency and standardization Registration mode should be in this way that we should separate taxpayer registration from business registration namely the former for legal status and the latter for qualification The essential reform in registration should transform from censoring authenticity and validity of registration material to censoring form We should establish register system so that interference and supervision from administrative directors will be relieved substantially and the right to registration will be relatively independent We should cultivate and improve intermediate agency for the purpose of liberating enterprise from long and complex procedure and facilitating the registration procedures Through all of the registration authority’s measures mentioned above enterprises in China will establish the system which develops from registration system of examination and approval to registration system of rule in order to adapt to basic rules of WTO 关键词 WTOenterprise registration system reform
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