Research Of Problems And Countermeasures Of Shareholders

With the constant development of China’s market economy, the shareholder has played an increasingly important role in the company’s operation. Investors marked acquisition of shareholder status a shareholder’s qualification, and only have the qualification of shareholders,can they exercise the shareholder’s rights and perform obligations to shareholders, which is the basis of acquisition of shareholder status. However, when the company roster of shareholders is not the actual public investors and investors are not actual exercise of shareholders rights and perform the obligations to shareholders, nominal shareholders of the so-called then results.The purpose of writing this paper is based on extension and connotation of the causes of nominal shareholders, explore the legislation of shareholder qualification cognizance and dispute settlement of the name, in order to comb and specifications of certain level to the shareholder name our country in theory, the nominal shareholder questions dispute resolution improvement of legislation. Therefore, in this paper the author elaborate nominal the shareholder’s concept, legal characteristics and the related concept and analyzed the causes from different factors:the origin of the various factors, economic, political, cultural and legal analysis, combs the foreign advanced legislation, compares the various elements that should have become shareholders of the company’s effectiveness and evaluates the theory of three kinds of representative point of view, the legal science theory perspective from the reality of nominal shareholders interpretation the use method of economy, finally points out that the current "company law judicial interpretation (three)" the legislative defects, suggestions to improve and explore the nominal shareholder of the legislation, with a view to a certain reference function to guide our judicial practice. In short, the nominal shareholder problem is a complex phenomenon theory and reality interwoven, legislation should be in a historical perspective and pragmatic attitude, combing its reasonable place; the judicial organs shall uphold the legitimate fair attitude to distinguish the referee.