Study On The Legal Issues Of The Pledge Of Stock Rights

In at present the country encourages social entrepreneurship, active under the background of the real economy, equity pledge by its financing amount is big, the benefit higher unique advantages in meet the demand of small and medium-sized enterprise financing, alleviate the financial strain is more and more shows incomparable advantage over other guarantee way.However, at present, the design and practice of equity pledge system utility, with the social expectation is far.Defects in this system is the pledge of equity range is narrow; Problems such as imperfect rules.This must be from the perspective of equity is the private right, follow the principle of autonomy in private rights, further perfect the legislation, lifting restrictions on can pledge equity, expand the range of equity pledge.At the same time, based on the principles of effective security, clear equity pledge system different from equity transfer system, on the basis of bold and simplify the establishment of equity pledge apply rules, strengthening goal assist the obligation of the company set up in equity pledge.In the aspect of equity pledge effectiveness is also the pledgee interests protection is not comprehensive, the pledgor protection does not reach the designated position, the interested third person interest protection and so on.The key to solve this problem is to set up the idea of equality of private rights, based on the principle of conducive to the healthy development of the equity pledge to protect the interests of the interested party shall be equal.Follow the research train of thought, this article mainly is divided into five parts:The first part mainly discuss the feasibility of equity pledge. This part mainly start from the basic concept of equity pledge system of equity, is derived from the shareholders think equity investment, but not limited to investment, its main performance for property interest but to meet the property interest should also include the major matters of the company decision-making. At the same time, based on the analysis of shares, share, investment, etc, on the basis of nature, the concept of chaos in the existing legal documents unified expressions for equity pledge and analyzes its legal characteristics, put forward the equity pledge with high risk, high efficiency and universality of interest.The second part mainly discuss the main problems existing in the design of equity pledge system in China. Design is pointed out that the current laws of the autonomous power shortage, low efficiency, rights protection does not reach the designated position.The third part focuses on the establishment of equity pledge rules. This is one of the focus in the study of this paper, mainly discuss equity pledge the underlying problem, set up a program problem in operation time and the right of pledge.The fourth part mainly studies the effectiveness of the equity pledge. The core of this emphasis on private right is equal, for equity pledge in the legal relationship between participation main body should be equal protection, especially the problem of quality, and the protection of the interests of shareholders and the third party.The fifth part is summary of this article. Mainly discuss how to improve current from the macroscopic legislation and in view of the above questions how to reform the existing legislation from the microscopic.