Study On Legal Problems Of Dormant Investment

Dormant investment phenomenon is widespread in practice, company law of the people’s Republic of China on this phenomenon regulate is not clear enough, thus caused by dormant investment shareholders rights disputes occur from time to time. In this regard, the dormant investment in reality the universal existence phenomenon. It is pointed out that how to protect the interests of dormant investors, also avoid and resolve disputes brought by the dormant investment behavior. Dormant investment since it is commercial behavior and a common phenomenon, it is necessary to adapt the product of the market economy. Therefore, the need for legal protection of dormant investment, many problems need legal norms. On the basis of dormant investment, "who investment, who benefits" principle of market economy, protect the interests of investors. Since we can not be banned, we should let go with the flow". Finally, in order to promote the development of the market economy, the country is bound to perfect legislation to solve and dormant investment related issues, has reached standardize corporate investment behavior and standardize the operation of the company.This paper is divided into five parts:that is dormant investment problems are outlined, including the concept of dormant investment, characteristics and existing types; the second part discusses the recognition and protection of dormant investment meaning, respectively from two aspects of dormant investment value and significance as well as the protection of dormant investment shareholders reason discusses; the third part through the analysis of the dormant investment disputes manifestations and causes, including the analysis of the main reasons for the existence of dormant investment common disputes and dormant investment disputes two aspects. The fourth part is to solve the problem of dormant investment disputes the traditional view of the analysis and evaluation, the specific from the shareholder identity confirmation standard and external disputes in shareholder identity confirmation, litigation practice in the referee according to three aspects:view of the legal system and the judicial system of nano evaluation. The last part is to solve the problem of dormant investment disputes thinking, which is the key point and the core part of the, this part from the common to the dormant investment disputes solution reference, in legislation on the fixed standard of judgment and treatment of dormant shareholder identity confirmation and dormant investment agreement from three aspects:put forward views and suggestions.