Research On The Dispute About Qualification Of Shareholders

With the revise of the new cooperation law, the standard to establish a company is down. These rules give rise to great creative and initiative in the public, a variety of companies appear rapidly. While, where there is an advantage, there is a diaadvantage.In another word, except the good expects, there are some bad excepts. The drop of the standard is good at the man who is really have the wish to success but have no money,while at the same time, the speculators also get into the market, they disturb the balance of the market. Also, vast of people are improving their legal consciousness,various of behaviors appear gradually to in fraud of law, and have the trend to increasing. The disputes about the qualification of shareholders is the premise of the whole company disputes. While there is not a united solution to solve this problem,no matter in the theoretical cycle, or the practice cycle. This article lead to the problem through a model case, then analyze and discuss the case, wish to reflect the general theory behind the case, and then get a united solution to solve this problem.This article is divided into four parts. The first part is the introduction about the case, this case has been judged three times, but have different results. Through the analyze of the case, there are two focus were obtained. The second part is about the theory of the shareholders’ qualification, it includes the principle and standard in theory, it also includes mislead in practice and the views of mine. The third part is analyze about the case, base on the conclusion of the second part, wish to find the reason why the court of first instance and the court of second instance are different from the court of retrial. The forth part is several special kinds of shareholder qualification, with the purpose to verify the conclusion of the preamble. I get some solutions through analyze and discuss this case. When faced with this kind of problem,the first thing we should do is distinguish internal relationship from externalrelationship. For the internal relationship, we could consider the principle of the civil law, because the effect is same as the commercial law; while for the external relationship, we should not only consider the basic principle and the value idea of the commercial law,and corporation law. But also put the public and the appearance of socialism at first sight. We should not interfere the judge of the commercial act with the civil principle.