Legal Empirical Analysis On The Confirmation Of The Title Of Shareholders

The Confirmation of the Title of Shareholders is a fundamental question in company law, no matter from the perspective of theoretical or practical. In judicial practice, it is a proposed and unavoidable matter in lawsuits with companies involved, such as the exertion of shareholders'right, objection against the efficacy of decisions by the general meeting of shareholders, responsibility of contribution by shareholders, transference of shareholders'right, etc. If it cannot be fair on this issue, the influences on whichever company, shareholders or the third party will be no good and unimaginable: enthusiasm of investors be destroyed, balance of relationships in and out of company be disrupted, and even the stability of the social and economic order be worsened. Therefore, further research on the confirmation of the title of shareholders is of great significance.However, the immaturity of theoretic system and the uncertainty of the validity of relevant legislations lead to the many-folded-standard hindrance hard to do away with in actual practice. In addition, the confirmation of the titles of shareholders is a problem which cannot without consideration of the situation on China. The existing problems and its reasons in judicial practice of the confirmation of the titles of shareholders include not only the lag of legislation made according to the theory of chaos, but also legal, economic, political, and cultural factors of China. On the other hand, legal empirical analysis on the dilemma which judicial practice faced now is rare. Therefore, study on the confirmation of the title of shareholders through legal empirical analysis is urgent and of practical significance in our country.This article consists of four parts.Part one is about the basic matters in the confirmation of the title of shareholders. In this paper, the title of shareholders is a synonym of the position or identity of shareholders, and it is different from investment qualification while at the same time covers the meaning of the latter. Part two tries to investigate the domestic court documents in resent years, and find problems and difficulties of the referee. Part three tries to explore the direct reason and deep-seated reasons to the above difficulties and problems, which includes the shortage of legislation based on chaos theory on the effectiveness and positioning of evidences, legal factors and other social factors (such as the economy, politics, culture, etc.). Part four chooses only one of the typical causes of disputes of the confirmation of the title of shareholders, the anonymous investment, to deduce the possible improvement on this issue, which is due to the complexity of the issue. This parts can be divided into two sections and the train of thought would be"the principle-the rules-the operation", that is"theoretical guidance-legislation evaluation-judicial rules".