A Study On The Legal System Of Shareholders Eligibility

The confirmation of the qualification of the stock owner is common on the cases of the corporation law. However, for a long time in our country the corporation law system is far from perfect, so there are still many problems on the confirmation of the qualification of the stock owner. Moreover, the establishment and operation of the corporations are not regular at all, it is difficult to tell it on the case practices. Different places adopt different methods. This brings about some mess which needs to be regularized. At present the new corporation law has established the inference effect of the stock owner directory on the confirmation of the qualification of the stock owner and the effect against the third person. But the proof effect of the corporation constitution and the proof of the investigation on the confirmation of the qualification of the stock owner. This thesis tries to recommend some methods to perfect the system from the analysis of the problems and controversies of the confirmation the stock owner by analyzing the principles and the main standards of the stock owner qualification and analyzing the relationship of the proofs.This thesis is comprised of four parts. The first part is on the analysis of the principles and the main basis of the confirmation of the qualification of the stock owner. It is through four principles and six basis standards. The four principles are the balance of the interest, the freedom and force together, the maintenance of the corporation and the forbiddance of the law. The six basis standards are the corporation constitution, the real investment, the proof the investment, the directory of the stock owner, the registration of the industry and commerce and the real operation of the corporation. Among them the corporation constitution plays a decisive role on the conformation of the stock owner of the limited responsibility corporation based on its own attribution. The one who writes down his name on the corporation constitution is qualified. The registration of the corporation has the better effect on the cases the third stock owner qualification because of the proof effect, the faith effect and the force effect. The stock owner directory has the inference effect under the condition of not having the opposite proofs. The investment proof is the proof the investment of the stock owners. It is the basis proof for getting the stock owner qualification. When the corporation constitution or the stock owner directory are not written or are going to be changed, he can demand the corporation to realize the obligation which are written or going to be changed. On the proofs of the stock owner, the judge should, according to different law relationship, protect the good will third person's interest at first. He should also follow the principle of making the corporation groups' law relationship stable. He should put many factors in mind and choose the standard of the confirmation of the qualification of the stock owner and find out the theoretical basis of the confirmation of the qualification of the stock owner.The second part of this thesis is about the controversies and problems of the confirmation of the qualification of the stock owner. It is comprised of four parts as follows: under the case of the imperfect investment; under the case of not making the changes; under the case of inheriting or dividing the fortunes in divorce; the problems and controversies of the anonymous confirmation of the qualification of the stock owner. On analyzing the problems, we try to find out the commons points and the differences to solve the problems.The third part of this thesis is that the analysis of the different proofs are also the principles of the solution of the difference of the basis and standards of the confirmation of the qualification of the stock owner. That is to say, the formal proof is more preferable than the real proof. The corporation constitution has the strongest force to solve the differences of the proofs among the formal proofs.The fourth part of the thesis is, after the aforementioned analysis of the three parts, to suggest the rules to improve the confirmation of the qualification of the stock owner. It is mainly from clearing the corporation constitution and regularizing the anonymous stock owners' law identification which are the two most important factors.