The Problem Of Dormant Investment

Dormant investment is the product of market economy, it from one hand to caterto the main body of investment needs, pull the economic growth and prosperity of thecapital market; On the other hand, to the current social and economic life and broughtsome negative effects. This is influence by itself is not normative, this phenomenon iseasy to cause conflicts. In the process of further development of market economy, thephenomenon is increasingly exposed many according to perfect.this is difficult tosolve the problems and controversy. From now on, by the problem of looking forrelatively reasonable way to solve, weigh the pros and cons, until the perfection oflegislation, for the purpose of the law phenomenon.There are three sections in this article, respectively discusses the dormantinvestment definition, characteristics, causes, types, dormant investment caused bythe problems and controversy, dormant investment under the various types of disputeresolution, dormant investment legislation, and in the hidden part of the effectivenessof the investment behavior and the settlement of the dispute specifically described andhow to deal with the dormant investment against law.Investment in the first part of this article made a basic definition, from theconcept, types and causes tripartite face of dormant investment has made the simpleintroduction. Tell from the meaning of dormant investment has broad and narrowsense. Generalized dormant investment is refers to some or all of the anonymity of theinvestment main body and the business is engaged in the physical phenomenon. Ofnarrow investment refers to an actual subscribed capital contribution, but the company’s articles of association, register of shareholders or other materials,industrial and commercial registration records of shareholders but for others the legalphenomenon. This paper only discusses narrow dormant investment. Dormantinvestment has a variety of forms, and can be divided into different types according todifferent criteria. And causes of dormant investment is varied, both the cause of themarket, there are businessmen subjective factors of profits is more legislation system.The second part of this paper is to maintain the dormant investment behavioreffectiveness, on the basis of the dormant investment disputes, such as equity transferdisputes, confirmation and equity investment fund refund disputes, shareholderdisputes, equity, security and executing the dispute and liability are discussed in detailon the solution of the dispute.The third part of this paper focuses on exploring and solving the problem of thelegal regulating of the dormant investment. Illustrates mainly from the five aspects forlegal regulation of dormant investment behavior is necessary. And on this basis, pointsout that need to distinguish between different types of dormant investment on thebasis of the corresponding legal adjustment, namely according to the practice ofdormant investment behavior of different forms, dormant investment can be dividedinto five kinds of situation and illustrates how to give legal adjustment.This part to circumvent the law, investment law to adjust the problem carried onthe special instructions. In addition, the provisions on several issues company disputecases (draft)", the author analyses the deficiency of the relevant regulations.