我国企业登记审查制度研究

在我国,对企业登记审查的机关是工商行政管理机关,工商行政管理机关对企业登记申请进行的行为属于行政行为。我国目前的企业登记审查制度形成于计划经济时期,工商行政管理机关对企业的申请采取实质审查制,但从我国目前实际情况看,工商行政管理机关既没有能力也没有可能对企业登记事项进行真实性、合法性的审查,同时,因实质审查失误导致的民事责任的承担也难以落实。因此,应改革现行的企业行政登记审查制度,由实质审查制过渡到折中审查制,并确立法院的行政登记最终司法审查权。

A Study of the Registration and Examination System of Chinese Enterprises

In our country, the administrative bureau for industry and commerce is in charge of enterprise registration examination, which is held as administrative act. The present enterprise registration censorship in our country was formed in the planned economy period and it adopts the substantive examination. In view of the practice, however, the authority has neither ability nor possibility to carry out the enterprise registration examination in its truthfulness and lawfulness. And the mistakes occurring in the process has resulted in the civil liability which is usually hard to find people to bear. Hence, the present censorship for enterprise registration should be reformed and develop from substantive examination to mixed examination as a transition until the final judicial examination by the courts is established.