Study On The Cognizance Of The Shareholder’s Status

Judicial confirmed shareholders of a company is related to the identity of the company for the investors with operated process of the legal relationship of rights and responsibilities. Besides the litigation for Judicial confirmed shareholders, in all kinds of exercise of shareholders’ rights disputes cases, the shareholder status confirmation is a very important problem.In this paper, that the shareholder in the company to follow the first principle, the stability of encouraging and protecting investment principle, protect a bona fide person principle, maintain the legal system and principles of trade safety, under the precondition of comprehensive consideration of the industry and commerce registration, the articles of association of the company, the shareholders, the capital contribution certificate of evidence, etc. According to the new law legislative spirit, will prove the evidence for qualification of shareholders, form and substance that evidence be evidence.Due to the company in outsider interests of" attach importance to procedures, trading efficiency and safety", and judicial ideas in domestic interests of "attach importance to substantial fairness, honesty and credit" judicial idea, so that the dispute according to different demands of various forms of evidence in a certain range can play different degree of proof. According to different cases, one should deal with flexibly.