The Theory Of Protecting The Rights And Interests Of Company Actual Investors

Actual investors’investment diversify the way of investment,make a great significance to prosperity market,but the complexity actual investment relationship increases the risks of actual investors.The Supreme People’s Court On Implementing The Company Law Of The Republic Of China About Applying Several Issue’s Rule (3) putting into effect in2011,simply stipulates actual investors problems and provides law guidance for solving actual investment problems in certain extentExplain (3)’s simple rules cannot answer the complexity actual investment relationships and huge actual investment disputes,actual investors face enormous risks.’Legislative,judicial and other departments are making a difficult decision between in protection of the rights&interests of actual investors,maintaining autonomy and maintaining the market economy’s efficiency and security.The actual investors’rights and interests are damaged due to the complexity actual investment relationships and imperfection of actual investment legal system. Describing the basic theory of actual investors lays a foundation for protecting actual investors’ rights and interests.Trust,relationship we shared,the agency appointment contract relationship all can adjust the relationship between actual investors and show shareholders,but it is very important for protection actual investors rights and interests to choice a fitting relationship to rule actual investors and show shareholders.Ageny is the best way to rule actual investors and show shareholders’relationship. Actual investors’rights is in a unsure condition, it is relation to actual investors’rights and interests realization whether if actual investors can show their real status.Show real status conditions and procedures’s designing is relation to actual investor show real status cost and kepping away risks,imperfection show real status conditions and procedures damage actual investors rights and interests.Actual investment under the "name"and "solid" separation,actual investors face stock rights are sold by show shareholder,are executed by third person as well as difficult of selling actual investment. Other reasons also make damage to actual investors,such as the extend of actual investors rights and interests is not sure. To strengthen the protection of actual investors’rights and interests,one hand,actual investors positively take measures to prevent risk to reduce damage,on the other hand,needing more perfecting actual investment legal system to provide law guidance for actual investment to reduce the occurrence of disputes and loss.