On Disposing The Other's Share By False Impersonated Identity

Our society is in a critical period of transition.The rapid economic development and the lack of corresponding moral construction results in a weak social consciousness of integrity. Besides, appropriate institutional guarantee lacks. These factors above lead to the endless phenomena of disposing the other's share through false impersonated identity,which is harmful to the market order, and which damages the interests of original stockholders, trading partners, companies, other stockholders and subsequent parties of the share transfer. However, scholars haven't given attention to this problem, and the only study also concentrated on the analysis using traditional civil law points of view like unauthorized disposition and unauthorized agency. It is suspected of copinism. Disposing the other's share through false impersonated identity is not unauthorized disposition of the civil law, which requests the untitled person should the business registration obligee. However, the transferred share is not registered in the name of the imposer. Meanwhile, disposing the other's share through false impersonated identity is different from unauthorized agency.Unauthorized agency was assumed as the real agency on behalf of shareholder by the relative person, while the person with false identity was assumed as the shareholder. The trading counterparty regard imposers as shareholders, and there is no third party.Judgment is also quite different on this problem in practice, so it is necessary to build a set of reasonable and feasible mechanism to solve the problem.The behavior is different from the false identity shareholders or the nominal shareholder disposing shares.It is a unique type of share transfer with the characteristics of false intention, forged seal and illegal forms and so on. Because of the complexity and hierarchy of this behavior, it is an important step to determine its validity including the behavior of disposing the share and signing agreement with false identity as well as the actual share transfer caused by disposing. The parties have no consensus and the commercial appearance principle is helpful for making judgment on the validity of this behavior and solving the problem scientifically and smoothly.Undertaking the responsibility is very important to avoid this behavior. Because of commercial activities affecting a wide range, the transaction security and efficiency should be given more attention in the maintenance of fair. And it is very important to establish the imputation principle to ensure the healthy and sustainable developmentof the market while protecting the interest of the original stockholder.