On The Analysis Of Chinese Share Transfer System

It has been more than a hundred years since German issued the law of the limitedliability company in1892. With continuous improvement on basic theory study andenrichment on institution content in Western Countries, and its feature of both capitalcombination and people combination, Liability Company has becoming one of the mostimportant company forms all over the world. However, hence shorter development historyof Chinese Company Institution, and less company legislation experience, there are stillsome malpractice and loopholes in related regulations. Meanwhile, our company hasrelatively weak self governance function, and lack the capability to solve problem byoneself. Therefore, it has practical value and academic significance to make study on thesystem from its basic theory of liability shares transfer and shareholders’ equity transfer.The paper analyzes through compartment, generalization, and value analysis methods.The paper starts from theoretical research and definition, precedes from connotation anddenotation of shares transfer, and makes explanation on general theory of shares transfer.Aims at balance of interests, combines the practical cases on share transfer, separates theshares transfer into two kinds, they are general shares transfer and special share transfer.The paper makes out scientific legislation suggestions to perfect our Company SharesTransfer System through legal theory.In the first part, the paper makes study on the concept, theoretical implication andrules of shares transfer, also makes integration and classification on the frequentlyencountered shares transfer matters. The paper also respectively analyzes the matterencountered on general shares transfer and special shares transfer, in which it analyzeslegal issues such as: the common practice of hidden name investment shareholders, flawsshareholders’ equity transfer, and couple shared equity segmentation, and enforcementtransfer of ownership. In the next part, the papyruses compared analysis method, throughrecitation on abroad regulations, scientifically generalize and summarize good legislationexperience in order to enlighten domestic regulations. The last part, based on dissectionand systematically grasp on overseas equity transfer system, the paper comes up with aconcrete perfect suggestion on shortages lies in every concrete regulations of liability share transfer. The purpose of this paper is on the wishes to make good legislative suggestion toperfect the Chinese Company law.