Shareholders Invested The Subject Of Proper System Study

With the vigorous development of joint-stock economy, the legal disputes are getting increase, which are caused by the qualification problems of invested objective such as stock right, creditor's right, technology, land-use right and labor services and so on. Therefore, it is necessary urgently to improve the qualification system of investedobjective of shareholder--a series of regulation systems which regulate differentkinds of property and property rights as the invested objective by the stockholders in according with law and how to coincide with the natures, important conditions as well as other qualified terms of the law.Basing on deep studying and examining present situation of invested objective of joint-stock enterprises in China, the author discusses systematically various kinds of problems of qualification system of invested objective of shareholders, by means of sorting out legislative precedents of different countries in the world and using comprehensively methods like methods of analysis by comparison, methods of analysis historical and methods of law economical analysis, ect; and puts forward of his point of view on how to build the above-mentioned system in Chinese Campany legislation.The author thinks that the structure idea of qualification system of invested objective of shareholder can be traced to the same origin with the basic nature and principle of Company Law. As the kernel content of this system, the constituted necessary conditions of qualification of invested objective of shareholders can be generalized into six items as possessing property nature, possessing value, having clear property rights, being able to be circulated and transferred, being able to be evaluated its value and in according with the law. Judging by above-mentioned standards, the author further thinks that cash is the best qualified invested objective, while items like physical matters, technology, land-use rights, stock right and integral assets of enterprises also can be regard as the qualified invested objective, but items like goodwill, labor services and creditor's right should not be determined as the qualified invested objective.Finally, supported by above-mentioned theory, the paper investigates the problem of qualification of important invested objective like technology, land-use right and stock right, and draws a corresponding conclusion.