ABSTRACT
The pre-incorporation obtained legal personality as an indispensable part of the process, its fundamental characteristic is the transition, through decomposition it can be translated into purpose,short-term,dynamic,intermediatestate,non-independence fiveBasic characteristics:purpose ,short-term, dynamic, intermediate state, non-independence. In accordance with pre-incorporation′s various characteristics, combined with the company set up in the course of the promoters′partnership, a charter company, the payment of shares and the creation of institutions and companies for the establishment of company registration, and other landmark events, it can be set up in Is made from the company's constitution to companies registered in this phase of the company for the purpose of the establishment of a transitional organization. In the establishment of the legal status of the company on the issue of whether the main legal capacity Societies said that the same one that said that the one with three points, is now said to-the same one that amendment. In the main test of the civil system on the basis of the development process, I believe that the establishment of the company should have as a limited capacity of the main civil rights exist. China on the establishment of the company is the lack of legal provisions, which led to the establishment of practice in the company of some confusion, it should be the establishment of companies to make more comprehensive in the provisions.
Key words: pre-incorporation, the right capacity, the main civil, judicial interpretation