The Research On The Confirmation Of Shareholders And Legal Regulation In Hidden Investment

In Judicial practice, the shareholders in real termsand shareholders in name commence a lawsuit frequently because of their membership of shareholders and distribution of benefits. On this issue,China lack of appropriate legislation,and the judiciary still has not a rational judgment standard.It not only attacks confidence of investor,but aiso disturbs the harmony and stability of market order. This article is combined with the< Corporate Law>and, elaborates the concept and types of hidden investment, the origin, causes and feature of shareholder.It emphasizes the need of legislation,the significance of define qualifications, Meanwhile analyzes qualification affirmance of foreign and domestic theory and practice, Clearly identified principles and methods of qualification affirmancein. The aim is to Establish the trust system to regulate Conflict of interest, arrange relationships and define the rights and obligations of two shareholders in hidden investment.