Study On The Protection Of The Anonymous Investor’s Rights And Interests

Since the birth of the company system, phenomena of anonymous investment have neverstopped. Although it plays a positive role in encouraging investment and promoting economy,it blurs relations both internal and external in a company, and becomes a big trouble of thetheory and practice. In practice, phenomena of anonymous investment happen a lot in limitedliability companies. Due to different theories and practical operations, the solving of relatedcases becomes controversial. Since traditional researches limited to the standards onqualification of a shareholder of the anonymous investor, in this context the author strives tofind a path of solving the disputes effectively and balancing the interests of all in view of thelatest judicial interpretation, by re-examining the anonymous investor from a new perspectiveof the protection of rights and interests. The thesis elaborates in the following four sections:Section1is the overview of the anonymous investor, mainly including the overview ofanonymous investor at home and abroad. After the brief introduction of practice in severalforeign countries, it focus on China’s anonymous investor and it has a more scientific andcomprehensive interpretation from the aspects of title, concept, characteristic, type, confusingconcepts, recent researches.Section2is legitimacy o f the protection of anonymous investor’s rights and interests.This part mainly studies on necessity and importance of protecting the rights and interests ofanonymous investor. Unlike other research, this paper analyzes the necessity of protection ofanonymous investor comprehensively in the angles of cause, objective basis, subjective basis,economic fundamentals, balancing of interests, laying the foundation of its legislative andjudicial protection.Section3is the legislative protection of anonymous investor’s rights and interests, one ofthe most important parts of the thesis. In this section, it first has a brief overview of China’srelevant legislation, then points out the inadequacies of existing provisions. Finally, it putsforward the suggestions of improvement. The core point is that to recognize the anonymousinvestor as a shareholder is not the only way to protect its rights and interests, and it focuseson the latest legislation’s deficiencies and improvement.Section4which deals with the judicial protection of anonymous investor’ rights andinterests, is also one of the most important part. Based on section3, this section elaborateshow to solve related disputes properly from the point of view of judicial protection. First, it deals with the relevant principles of adjudication. Then it explains how to understand andapply the existing provisions correctly from the aspects of specific demands, litigationevidence, litigants and protection awareness.