| As one of investment forms,concealed investment has not appeared modern. The earliest dating of concealed investment can go back to medieval Italy, Commenda contract. In the area of investment in modern society, whether foreign or domestic, concealed forms of investment is widely used. In the area of Chinese socialist market economy investment, especially in the areas of the company investment, concealed investment is also wildly used. From the legal point of view concealed investment is also a legal phenomenon. However, in line with investment transparency of the legislative guide which the safety of transactions is the basic starting point,the existing legislation on concealed investment are compared unenough.So concealed investment has become a hot and difficult problem in current judicial practice and theory of community.Based on analysis of the legal relationship of concealed investment and definition of the legal nature, author discussed resolution of disputes about concealed investment and put forward views on how to reduce disputes.This paper is divided into introduction, body and conclusion, in which the body is divided into four chapters.The first chapter is an general analysis of concealed investment as an phenomenon to make a basic set of basic phenomenon and concepts of concealed investment. First this chapter introduces the causes of concealed investments. Then describes the types of concealed investment. These two parts are in order to define the concept of concealed investment. The third section defined the concept of concealed investment from the extension and intension of it.The second chapter defined the legal nature of concealed investment to pave the way for analysing the legal relationship of concealed investment. This chapter explains concealed investment can be defined to fund of shareholder trust, partnership and indirect proxy,according to different situations.The third chapter is the analysis of legal relationship of concealed investment. This chapter analyzed the relationship of concealed investment, according to legal characteristics of different nature of the concealed investment and mainly analyzed the legal relationship between anonymous investors and significant investors the legal relationship between those two parts and the third part.The fourth chapter is resolution mechanisms of legal disputes of concealed investment. This chapter elaborated resolution mechanism of five disputes which is dispute of shareholder identification, dispute of defect investment, dispute of share transfer,dispute of stock preservation and implementation and dispute of effectiveness for resolution by vote and summarized general rules to resolve disputes of concealed investment.The fifth chapter is suggestion for the reduction of concealed investment disputes. This chapter discussed how to reduce legal disputes of concealed investment from two sides.First, legal disputes of concealed investment can be reduced through setting processor of investment agreement.Second, it can be reduced through the establishment of provision. |
