Analysis On The Dispute Of Execution Of Claiming Cancellation Right Of Stock Right Transfer Between Xie XX And Su XX

In recent years, with the rapid development of domestic real estate market, the price of land as the scarce resources keeps rising repeatedly. In primary market, some enterprises are relatively difficult to obtain the land. However, there are some problems in secondary market, including restriction of trade terms, strict examination and approval, high expenses of tax. Therefore, in practice, the operation mode to obtain the land-use right indirectly with the way of purchasing the stock right of the company holding land appears.For such kind of behavior, some people hold the view that the essence of it is to avoid the supervision policy of land of the country and avoid land transfer tax. It belongs to invalid contract behavior with lawful means covering unlawful purpose. Other people think that existing laws and regulations have no explicit terms to forbid the behavior. Therefore, it cannot be affirmed as unlawful act. Instead, it utilizes the leak of legal system.The thesis takes two cases as the examples. One is the dispute of execution of claiming cancellation right of stock right transfer between Xie XX and Su XX; the other is the dispute of stock right transfer between Shanghai XX Company and Zhu XX. The thesis analyzes the behavior that assigning the land-use right with the way of holding stocks.In the first and second part, brief summary is provided on the case, details of the case, and the judgment process. With the macroscopic perspective, illustrate the reason and background of the dispute and refine the focus of the dispute. Then disclose the center and theme that the thesis discusses.The third and fourth part analyzes various problems and reasons reflected by the case step by step. In accordance with legal principle, express the viewpoint of the author with the method of combining with specific case analysis.In the last part, according to the determination of the nature and new and old regulations on such events of domestic judicial and administrative affairs, summarize the legal principle evidence. Then try to make foresight of administration of justice and legislation on such kind of problems with the aim of obtaining beneficial conclusion.