On Perfecting The Legal System Of Equity In China

Recently, with the increase of the amount of companies and investment, more and more social wealth has been transformed into the company stock. And the cases related to equity pledge, equity contribution and equities frozen in civil action also grow with each passing day. And at the same time, the existing regulations in China of the issues related to equity could not cover all aspects, the amount of the regulations is small and the rules are not specific and detailed. Also some invalid laws which should be abolished still exist in the legal system. In a word, the laws lagged behind the needs of regulating the issues related to equity in judicial and administrative area.From the perspective of equity frozen and combined with the corresponding laws in developed countries, the author analyzed the legal principle and practical cases, study on the equity pledge, equity contribution and equities frozen etc.. It is considered that the current legal provisions in China are not clear enough, and it will easily cause false prosperity and bubble economy eventually.Based on above findings, this thesis come to the conclusions which are:Companies mergence and recombination should be registered by administrative authorities for Industry and Commerce according to the law; and to administrative authorities for Industry and Commerce, the point is how to connect with the court to confirm the recombination or the mergence of the companies after equities frozen, which can be solved with pefect legal system and careful arrangements. And for now, the receiver system from the United States can afford us with better way to protect the creditors’ legal interest more effectively, in which the receiver should have all the shareholder’s right including share the common benefit right during the period while the equities is frozen...