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“先证后照”到“先照再证”的改革,使商主体进入市场范围的扩张,对于一贯提倡保护交易安全的我国而言,是否破坏了交易的安全,扰乱市场经济的秩序。然而,笔者却认为商事交易中不仅仅存在交易安全的价值,更有对于交易自由的价值追求,而归根到底更是对于商业发展的促进。以商事登记制度改革带来的问题来否定改革的进步是不可取的。
The reform of “evidence-based license” and “license-first-evidence-permitting” will enable the merchants to expand into the market scope. For our country that has always advocated the protection of transaction security, it has undermined the security of transactions and disrupted the market economy Order. However, the author thinks that there is not only the value of transaction security in the commercial transaction, but also the pursuit of the value of the freedom of trade, which in the final analysis is more for the promotion of commercial development. It is not advisable to deny the progress of reform by the problems brought about by the reform of the commercial registration system.