The harm of enterprise affiliation to economic and social management should not be underestimated. First, the registered capital, the utilization rate of fixed assets, the scientific and technological content of enterprises, the development of tertiary industry, employment distribution and other data are artificially high, which leads to the distortion of economic information statistics. Second, the regulatory authorities can't find management and service targets and can't implement effective supervision. Third, performance appraisal is divorced from reality.
2 adhere to the principle of living in different places and filing in different places.
The General Principles of the Civil Law stipulates that a legal person shall have its own name, organization and place. The Company Law stipulates that a company should have a name and domicile. The company's domicile is the location of the company's main office. There can only be one company domicile registered by the company registration authority, and the company domicile shall be within the jurisdiction of the company registration authority. The law does not stipulate that there can be no other institutions of the company outside the jurisdiction of the company registration authority. According to the basic principle of administrative law, the law is allowed without prohibition. Therefore, outside the jurisdiction of the registration authority, the company can have its place of origin, storage and business premises without having to apply for a business license.
According to the Administrative Punishment Law, administrative punishment is under the jurisdiction of the administrative organ of the local people's government at or above the county level where the illegal act occurred. Therefore, in China, all enterprises engaged in illegal business anywhere can be investigated and dealt with by the local industrial and commercial authorities. However, the Regulations on the Administration of the Registration of Enterprise Legal Persons has made special provisions on registered items, and the administrative department for industry and commerce without registration has no jurisdiction. Therefore, there may be a problem that the industrial and commercial authorities outside the jurisdiction of the registration authority have no jurisdiction over this part of the enterprise registration matters.
The author thinks that in the system design, enterprises whose main offices are located in one place but have other institutions in different places can be required to provide information about other institutions involved in registration (including but not limited to production places and storage places). After registration, the registration authority shall send a registration letter to the industrial and commercial authorities where other institutions are located (which can also be solved by setting up an office system), and the industrial and commercial authorities at the place of registration shall supervise and manage the registered items recorded in the registration materials and register them.
The place of enterprise registration is also the place of tax registration stipulated by the tax law. Enterprises pay taxes at the place of registration, and the government at the place of registration mainly receives tax incentives, while the government at the place of production, the government at the place of storage and the rural collective economic organizations receive land use rent or house rent. In this way, local enterprises and other institutions can be prevented from being forced to register enterprises separately in order to grab tax sources. The rules of market competition eventually make the tax revenue of the registered government and the land and real estate revenue of the unregistered government (that is, the production place and storage place) and rural collective economic organizations tend to be even, thus solving the contradiction of uneven interests and weakening the enthusiasm of the government and enterprises.
3. Reasonably simplify administration and decentralize power to eliminate hidden dangers of dereliction of duty.
Under the general situation of decentralization, matters that can be decided by the civil subject should be left to the civil subject to decide on his own according to the principles of the use, income and disposition of real right. However, when the information of market subjects is not equal, disputes between civil subjects will often be induced as social problems, and it is necessary for the government to intervene moderately.
With the help of information technology, the relevant regulatory authorities can establish a powerful social information network and disclose all information that affects other people's business judgments, such as the credit status of enterprises and responsible persons. Except in special circumstances, law enforcement agencies should also disclose the information they investigate and deal with for acts that infringe on the interests of the state and society. (Author: Binhu Industrial and Commercial Bureau, Wuxi City, Jiangsu Province)