Right Research On Sleeping Shareholder Of Limited Liability Company

Sleeping shareholders appeared with corporate system in China. So far, the complications between the sleeping shareholders increase gradually. However, in the academic community and judicial practice, there is still disagreement about the qualification and rights protection of sleeping shareholders. In this article, the problem of the sleeping shareholder rights and protection is studied from the theoretical analysis and empirical research.Based on analyzing the two judicial interpretations: <>and< Provisions on Several Issues (three)>>, Supreme People's Court hold a positive attitude that sleeping shareholders should have the shareholder's qualifications and rights. But, Supreme People's Court doesn't provide laws applicable of investment and rights exercise of sleeping shareholders.From the above, the methods of historical research, comparison research, and empirical research are used. From the indirection agency relationship, the hidden name partnership, and the trust relationship, the rights of sleeping shareholders are analyzed. In conclusion, the indirection agency relationship is better than the others. It is advised to sleeping shareholders. At last, the valuable suggestion is advised to the enacting law about the rights and protections of the sleeping shareholders.