On The Precautions Against And The Relief To The Fraud Investment Of Shareholders

Shareholder's investment is a very important question in the corporation legal system. Because it is not only the necessary condition for corporation establishment, but also the precondition for shareholders to get the rights of corporation. Besides, Shareholder's investment is the insurance of corporation's debt. So, all the shareholders must perform their obiligations of investment. Otherwise, it will impact the benefit of other shareholders and creditors, sometimes even themselves.However, it has been universal of shareholder's fraud investment in the result of the lack of legal system since the 1990s. This seriously destroyed trade security and market credit, and then blocked the development of social market economy. Although the new corporation law renewed and supplemented the system of shareholder investment, the clauses regulating fraud investment is not enough. In the judicial practices, it is very difficult to judge the fraud investment and the duty of the fraud shareholders.It is the precondition of the shareholder's investment system to recognize the fraud investment. The chart of fraud investment is the foundmental portion in this article, because we should firstly understand the truth of fraud investment, and then regulate it well. For that, this article analyses fraud investment from conception to origin.Fraud investment brings great harm to our society, so we must do preparation to avoid it. By native and foreign experiences, we should regulate fraud investment form phenomenon and essence.Besides, it is important to rescue the innocent whose rights were infringed, including private legal rescue and public legal rescue.