Discussion On Legal Problems In The Liability Company In PRC

Disputes are prone to be taken place among dormant partners ,nominal partners and the third party.There is no definite regulations of the company law and judicial interpretations related to this field. This thesis starts with the basic theory of the dormant partnership, combined with the most common types of disputes in judicial practice to Criterion of implicit shareholder. From the economic law's social orientation angle, we should divide hidden shareholders into two parts,which avoid the law's control or not.Besides,we should distinguish the difference of their legal status.This thesis is divided into three pats:introduction, main text and conclusion ,in which the main text is divided in to five chapters.The first chapter introduces the theory of dormant partners in the in the liability company .Firstly,we analysis the concept of dormant partners.Secondly, we analysis its characteristics,reveal the basic contents of dormant partnership.Lastly,we analysis the causes of dormant partnership. In this part ,we know something about dormant partnership.The second chapter presents the developed countries ,the present situation of implicit shareholder through the introduction of the continental law system and common law countries ,the present situation of implicit shareholder for our country hidden name investment the settlement of disputes with reference.The third chapter for China's first introduced the problem of dormant shareholders qualification of legal standards. Then put forward in the problem of dormant shareholders qualification confirmation process to follow the idea. Expounds the legal norms of a limited liability company shall maintain public interests, safeguard legal authority and predictability. Finally this chapter from social standard Angle the problem of dormant shareholders made reasonable distinction, divided into avoid law of the problem of dormant shareholders and not avoid law, and the problem of dormant shareholders for their different legal status to make different qualification.The fourth chapter discusses the judicial practice more common hidden shareholder rights and obligations of the dispute. By citing the judicial cases, stereotype that hidden name investment disputes, and the complexity of the case analysis is proposed on the basis of solving all kinds of cases, and puts forward the ideas in current condition, to guard against and defuse hidden name investment risk.The fifth chapter is perfect our limited liability company hidden shareholder system legal countermeasure. Based on the problem of dormant shareholders legislation analyses the current situation of the proposed some regulation proposal. This chapter of the drafts' informal legal norms are introduced, the proposal China should perfect legislation, suggest law determine the problem of dormant shareholders concept. Solve problems hidden name investment in the long term is introduced to trust mechanism to the problem of dormant the investment subject rights and duties.The conclusion of summing up in our country law, suggest trainingand easy to cause hidden name investment the unreasonable regulations. As for cancellation of different but enjoy the ownership of the unequal treatment, modify the law in marked with a planned economy calorific mandatory provisions and remove unnecessary administrative examination and approval and intervention. Safeguard market main body of fair competition, maintaining market economy healthy operation.