The Affiliation Problem Research Of Unowned Equity Stalemate In China

Company shareholders as the owners of the company, is the owners of the company, has absoluted right of ownership and control in the company, the equity is the concentrated expression of identity and power and behave as a comprehensive right of shareholders, it is the organic combination of personal right and property right. However in legal affairs of company, perhaps due to the shareholders of the company subject qualification disappeared, leading the company master disappear, no matter what reason due to the company master disappear, it will affect the normal operation of the company and produce a series of unnecessary trouble, lead to company management problems, it will cause bigger economic losses for creditors, so for the discussion of unowned equity, there is a very important practical significance. In practice because the company shareholders disappeared(death, missing, lost, was declared dead), however shareholders equity and no inheritance or legacy "equity" is called " unowned equity ". " unowned equity " will affect the company’s benefit in many aspects, have more or less influence to the company, if the "generate unowned equity " accounted for the larger shares of the company, it will directly lead to corporate deadlock. There is no appropriate measures for the " unowned equity " in current legislation, for "study without the unowned equity " is only in the scholars works, but there is no treatment measures for "comprehensive treatment without unowned equity ". This article combined the "formation and characteristics of unowned equity ", carried on the analysis to the advantages and disadvantages of " unowned equity ownership" exist, and explored the " unowned equity " exists in the company deadlock in the display form and its effect. Through analysis and research foundation, finally sorted out the problems of non main equity ownership, proved in accordance with the existing law how to solve " unowned equity ownership". On the basis of comprehensive analysis, the author put forward to "choose processing mode for “unowned equity ".The first chapter of this paper outlined the "basic theories related to non main equity", including the " unowned equity " meaning, "features the owned equity", the reason to produce “unowned equity”, " unowned equity " existence rationality, the harm of " unowned equity ", " the points of “unowned equity affiliation ", the author did research from the "born of unowned equity to property and treatment points.In the second chapter, it discusses deeply " unowned equity " exists in the process of the various issues, by listing in the form of a case, the paper lists two cases, and carries on the thorough analysis, after the analysis is " unowned equity " drawbacks in law and practice in presence were analyzed;In the third chapter, the author mainly for " unowned equity " deadlock handling personal point of view, respectively, from the perspective of perfecting legal provisions, " unowned equity " to solve the mode and path angle of " unowned equity " solution is analyzed, the author views may have some green, but also comprehensively summarizes the "the specific law enforcement mode without the main equity", thinking also related legislative principles and socialist market value.The fourth chapter summarized the summary for the article.