Limited Liability Company Equity To Enforce The Law Practice Research

Executing stock rights is a judicial practice that arose in the late twenty century in China.At that time,there existed disputes in the academic and judicial fields concerning whether the stock rights of the company limited can be executed,whether it must be approved by majority stockholders and whether the other stockholders have the priority of purchasing before the execution of stock rights.The court settled such disputes mainly according to three judicial interpretations.However,there are many imperfects because the judicial interpretations are mostly provisions of principles,and it is too low in the effect.Therefore,it has been a problem for the court in the judicial practices. Fortunately,there ia a provision of executing stock rights written down for the first time in the corporation law coming into effect on Jan.1 2006.most disputes ever existed are solved and it is very helpful for the court to unify the application of the law.But it also need to be perfected on the issue of the principles and means of executing stock rights,the execution of the particular stock rights and the evaluation of stock rights value and so on.So it is meaningful for the judicial fields to research such issues,and that is the emphasis discussed in this thesis,it includes three parts,about 19,000 words in total.PartⅠ.Generation of execution before the implementation of new corporation law.It briefly reviews how the courts settle the execution of stock rights,and it shows us what were ever disputed in the academic and judicial fields by a real case.PartⅡ.Current situation of the legislation.In this part,it mainly discusses theoretic basis,principles,conditions,procedures and means of the execution.By which can we understand the connotation of active legislation furtherly.The courts should not execute the stock rights of company lirnited untill the debtor has nothing but stock rights,and they should abide by three principles:keeping the capital unchanging,executing the stock rights not the assets of the company and nothing but stock rights,it is exceptional in particular situations.In the ways of execution,it is the principle to execute the stock rights and exceptional to execute shareholder rights and benefits and withdraw the share capital,we must combine the principle and flexibility.PartⅢ.Imperfection of the active legislation and the proposal of legislation.The thesis provides some proposal on the basis of analyzing the active legislation,it focuses on the following issues:the execution of some particular stock rights,such as the unsettled stock rights,the stock rights obtaining by investing intangible assets and the stock rights causing the changing of the form of company limited,how to settle the objections in the course of executing the anonymous stock rights and the stock rights not modifying register after transfering by oneself,and the evaluation of stock rights value.