Theory Of Affirmation Of Taiwanese Businessmen Of Dormant Investment Shareholders’ Qualification

Taiwanese investment in the mainland started in the early1980s, has been nearly30years. This30-year period, Taiwanese investment in the mainland’s growing scale.Good momentum of development in recent years, cross-strait relations, especiallyeconomic and trade cooperation between the breakthrough achieved and the continentincreasingly open investment market has attracted more and more Taiwaneseinvestment in mainland China. However, as the scale of Taiwanese investment inmainland China and the increasing number of projects, the Taiwan-related legaldisputes are increasing. Qualification disputes among shareholders, Taiwaneseinvestment in the mainland undisclosed triggered a prominent proportion ofTaiwan-related legal disputes.Due to the current law on the mainland shareholder identification of dormantinvestment eligibility requirement is not perfect, resulting in judicial practice ofanonymous shareholders eligible to Taiwanese investment found no legal basis anduniform standards, and the results are different, the presence of such a situation notconducive to the interests of Taiwan businessmen in mainland China investmentprotection for Taiwanese investment in the mainland have certain obstacles andinfluence, the urgent need to improve the legal environment of investment in the mainland by means of legislative and judicial. In this paper, based on the legal theoryof dormant Taiwanese investment in mainland shareholder qualification, combinedwith relevant legislation, judicial practice, the current phenomenon of Taiwaneseinvestment in mainland undisclosed shareholder qualification and legal issues must beanalyzed, and on the basis of how shareholders eligible to improve solve Taiwaneseinvestment in mainland dormant identified a number of issues raised humble opinion.In research methods, this paper mainly adopts comparative research methods andlegal hermeneutics methods. Through the "Taiwan dormant investment" conceptdiscourse analysis of Taiwanese investment in mainland China is different fromspecial additional undisclosed undisclosed investment; Meanwhile, with the currentshareholders of China’s mainland to Taiwan undisclosed investment qualificationsrecognized legislative practice, starting from the law itself, the shareholders qualifyfor Taiwanese investment in mainland anonymous recognition system to analyze theproblems; turn on Taiwanese investment in mainland China and hidden phenomenon,and legal issues of a certain shareholder qualification analysis, and on this basis itlegislative, judicial and Taiwanese themselves how to move forward to resolve thesethree Taiwanese investment in mainland undisclosed issue recommendations.This article includes four main parts:The first part is an introduction, mainly on the research background, significance,main content, research methods and literature review on the contents of the article as ageneral and sort of article summarizes the main academic viewpoints and summary.The second part of the first chapter, mainly on the concept of Taiwaneseinvestment in mainland anonymous, type, characteristics and causes of dormantinvestment on the mainland in order to have a better understanding of Taiwan.The third part is the second chapter analyzes and discusses the theoretical statusand legislative status eligibility for Taiwanese shareholder identification of dormantinvestment issues, including but not limited to "<Supreme People’s Court on the trialof Enterprises with Foreign Investment Disputes Issues (a)>"(hereinafter referred toas"<Foreign Investment Law (a)>"),"<Supreme People’s Court on the application of People’s Republic of China Company Law Issues (three)>"(hereinafter referred to as"the "<Company Law interpretation (c)>") and other laws and regulations.The fourth part is the third chapter, through comparative analysis of common lawand civil law dormant investment regime, tries to derive suitable for China’s Taiwandormant investment shareholder qualification rules.Part V of Chapter IV, for shareholders eligible to practice identification ofdormant investment system defects and the use of inadequate, legislative, judicial,Taiwanese self-improvement path proposed three aspects of prevention, for thepurpose of better resolve cross-strait dormant investment legal issues, to promote thedevelopment of cross-strait economic and trade relations.