The Research On The Legal Issues In Contribution Of Shareholding

1, Reasons of the subject selection and the research purposeShareholding is a valuable and important commercial right. The contribution ofshareholding is also an important capitalization method and plays a significant role in the market. However, it also bring dangers for the economic and impartiality of the market. Therefore, we should take more attention on it, use it for economic development, exert its active function and keep it away from its negative effects.Our legislation has no clear attitude on it. There are many cases involving it in practices, and they have challenged the authority of company law. But its legal issues have not arose the attention in this field, and there is no research result about this. All the studies on the issues are very simple and only have the last point that they all criticize our company law that keep the shareholding away from the contribution object and not allow shareholding to be contribution object.Under this situation of lacking theories involving it, company law is also inevitably vacancy on these issues. Then, the author tries to discuss its theories and analyses its rules, drives its research to be more deep, enriches its theories, theorizes its rules ,conciliates the conflicts between the law rules and the practice, balances all kinds of benefits for the country ,the society and the individual, and resets up the authority for company law. 2, Approach and methods of researchingThe author select two basic issues to do research from many legal issues that contribution of shareholding involves. One is whether it should be allowed, the other is whether it should be restricted and which restrictions should be added.Then, the author analyses its reasons and effects on the basis of analyzing of shareholding concept, nature and theories related. Meanwhile, the author also points that it should be restricted .conclude its restriction, and comments our legislation for bringing some active effect to its theories and practice.The author uses many legal methods to do this research .including the concept analyzing method ,the deductive and inductive method, the comparative method, the economic analyzing method, the case analyzing method ,and so on. 3^ Structure and main contentThe body of the article has four chapters with sections in each, while the introduction and conclusion parts have no sections. The main content of each chapter is the following.In Chapter one, "The analyzing on the contribution of shareholding", including two sections, the author analyses the concept of shareholding and clear its nature. His point is that there are many relationship and difference among shareholding, stock and shares. Observed from the scope in law science shareholding has the widest scope, stock after it. Share and contribution certificate are always used in two type company, Co.,Ltd.and jiont-stock company. Meanwhile, the author discusses the difference between shareholding and shareholder's right ,and points that investor hold the shareholding ,but the shareholder has the shareholder's right. In the second section, the author analyses the relationship and the difference between the contribution of shareholding and transfer of shares and exchange of shares, and the author also argues that the act of contribution of shareholding is an legal act ,and is a commercial legal act.In Chapter two "The freedom of contribution of shareholding ".including four sections, the article uncovers the legal foundational theories and discusses its nature reasons and analyses it from the view of law value and economic law. It points that freedom is the most important value of company law and the contribution is a method to be free for capital. So, the shareholding contribution is an expressing vehicle of company freedom. The analyzing with the method of economic law testifies the necessary of shareholding contribution. Meanwhile, the author also analyses the components of non-money contribution and bring an concluding that shareholding is up to qualification of contribution and has the feasibility.In Chapter three, "The restricting of shareholding contribution", including three sections, the author argues that shareholding contribution has the restricting legal foundation and it should be restricted as a significant commercial act with the effects of economic and legal analyzing. He also discusses its restricting components.In Chapter four, "The theorizing of our shareholding contribution legal system", the author suggests that our legislation should take more attention to the effects arising from shareholding contribution and set up an legal system that drives the economic market to develop and abstains it from unfair and risk with reference to the concluding above, legislation experience abroad and the research of our legislation. 4> Main viewpoints and results of the researchThe most important viewpoint in the article is shareholding has its contribution freedom, but we should think twice on the effects both on economic and law, which resulting form the shareholding contribution, we should restrict the contribution act. In fact, shareholding contribution has been out of the company law, and it involves many amendment of other law rules. So, its construction is a legal system construction.In this article ,the author also argues that shareholding is different from the shareholder's rights and that the shareholding contribution act is a commercial law act, and so on. 5. Explains for the researchThe selection of point of view has decided the research is studied on its basic legal issues .So, many other legal issues should be researched in other article, especially for its evaluation rules and its delivery rules and so on. These rules are very important for shareholding contribution. Meanwhile, these issues should be studied farther.(l)shareholding and shareholder's right (2)shareholding contribution and the reform of stated owned enterprise.(3)the research after shareholding contribution: the research on affiliated enterprises ,holding company and group enterprises, and so on. The words in this article are about 64000.