On Enforcement Of Limited Company Shareholder's Right

Shareholder's rights of limited company, as the objection of executing, are of great importance to maintain the creditor's interests and the justice of society. More and more stocks have been executed in civil executing. The stock executing system of our country has a gradual development from zero. The study on theory of stock executing at present is weak and can not direct and sustain the practice of civil executing obviously. At the same time, the stock executing system of our country established by the legislation and justice interpretation has lots of shortness and mistakes which lead many problems can not be solved rationally. This dissertation can play a very positive role in practice and theory of stock executing.In practice and theory circle, there is no debate that the stock can be executed. But there are great disputes and illegibility about the application principles, rules of stock appraisal, procedure of executing and preemption of other shareholder's. For the sake of these disputes, this dissertation tries to establish the construction of stock executing system.The author introduces limited company stock executing about the background and Significance, the research status, and the construction of this dissertation. Paragraph one discusses the concept of limited company stock executing, the nature and possibility of shareholder's right as the objection of limited company stock executing. Paragraph two analyzes the principles of limited company stock executing. We should apply principles such as excepting possession, maintaining capital, separating the stock from company property and protecting the right of preemption. These principles can ensure the direction's of stock executing. Paragraph three studies the general rules of stock appraisal, and pays specific attention to appraisal rules of defect stocks, dormant stocks, and the no full invested stocks. The author attaches the outward aspect great importance when the judges apply the rules. Paragraph four investigates the executing procedure. The writer thinks that the above principles should be carry out and we should establish the remedy rights in executing procedure.