The Legal Perfection Of China 's Anonymous Shareholder System

As the establishment and development of the Market economy system in our country, dormant shareholders phenomena abound, legal disputes arising therefrom is varied, our county is lack of legal regulation of dormant shareholders because of the theoretical controversy and the legislative predicament of the dormant shareholders problem. The Supreme Court in February 2011 enacted the Supreme people’s court on some issues of applicable company law the People’s Republic of China regulations(III),before the regulations,legal regulation for this problem is still blank, there are a lot of differences in the treatment of the problem in practice,it has seriously affected the legal authority and the effective settlement of disputes.Although this Judicial interpretation make us the lack of law,it is more a matter of expediency to solve real problems.Because of its contradition and conflict with the existing legal system,there are inevitablely various defects an shortcomings.Especially in the legal system of the overall construction and the settlement of specific legal issues.it is difficult to meet the needs of legal practice.So we need to improve our comprehensive system of dormant shareholders.This paper mainly through the analysis and comparison of the research method,discuss and define the concepts,features and legal relationships of dormant shareholders.introduce the cause of the dormant shareholders and our coutry legislative situation.Analysis the Legal nature of the dormant shareholders,clarify the root of the theoretical controversy and the legislative predicament of the dormant shareholders problem.compare and study the foreign advanced experience and practice,put forward some suggestions on perfecting our legal system of dormant shareholders.The first chapter is an overview of the dormant shareholders. Discusses the concepts,features and legal relationships of dormant shareholders, introduces the causes and types of dormant shareholders,analyzes the legal relationship between the dormant shareholders.The second chapter analyzes the legal nature of dormant shareholders. Introduces the root of the theoretical controversy and the legislative predicament of the dormant shareholders problem.Specify the deficient of Indirect agency system of Civil law system,the deficient is the Important factor of the theoretical controversy and the legislative predicament.Make the conclusion through the analysis, this Judicial interpretation is a matter of expediency to solve real problems,it has inevitablely various defects an shortcomings.The third chapter introduces the legal system of dormant shareholders legislation in China, and introduces some of the experiences and practices abroad.Analysis the defects an shortcomings of the system of the dormant shareholders in the macro perspective.The fourth chapter discusses the type of legal disputes of the dormant shareholders and practice approach, and analyze the microstructure of concrete legal disputes and problems that exist in doubt.Finally, on the basis of clear legal nature, drawing on existing experience and advanced practice abroad, put forward some suggestions on perfecting our legal system of dormant shareholders.One is to supply and improve the defects an shortcomings of the Judicial interpretation within the framework of the current legal system system.Two is to reference the Dormant agent system of Common law system under the premise of revising the current civil law system system.Make the problem of dormant shareholders into the scope of the indirect agency system.Three is to expand the scope of the Trust law on the basis of the anonymous agency system.Construct the Stock trust law of our country,in order to provide an effective way to solve the problem of dormant shareholders.