Qualitative Analysis On The Behavior Of A Bank Clerk's Receiving Crash Gift

Based on the qualification of shareholders of limited liability company is recognized as the research subject, in order to balance between the company, the shareholders, the interests of the third party relationship as the basic principle, in order to improve the qualification of shareholders of limited liability company in our country recognized standards as the goal, the following research ideas: starting from the basic theory of shareholder qualification relates to the analysis, the connotation of shareholder qualification and the way to obtain, lay the foundation for further discussion, the various elements of shareholder qualification and judicial analysis of the present situation, proposed the shareholder qualification confirmation in China exists in the theoretical and practical problems, aiming at the existing problems of the shareholder qualification confirmation in China put forward their suggestions standard. This paper is divided into five parts, the first part is a typical case, through case analysis team find difficult shareholder qualification is to determine the elements of the shareholder qualification confirmation of shareholder qualifications in effect, when they are in conflict solving standard; second part is the research on basic theory of confirmation of shareholder qualification including the connotation of shareholder qualification, and obtains the way, in the definition of dichotomy theory of right ability after the shareholder qualification is divided into specific shareholder qualification and abstract shareholder qualification; third part of the various elements of the shareholder qualification confirmation is divided into substantial requirements and formal requirements, through the analysis of them in the confirmation of the qualification of shareholders the effect, but the shareholders qualification constructionanalysis can not replace the standard elements of the validity of the law of evidence, complexity and imperfection Confirmation of the qualification of shareholder disputes become more complex, all perfect shareholder qualification standard is very important; the fourth part is the analysis of the typical case of judicial judgment in two aspects from inside and outside the company, within the company shareholders' qualification, substantial elements and form elements of conflict, the court judge chaos, the phenomenon of a large number of different codefendant there, outside the company shareholder qualification, the court referee although relatively consistent, but tend to industrial and commercial registration as the basis of decision, lack of consideration of other elements of the form, the problems in judicial judgment for the shareholder qualification confirmation in China, the perfection of the standards provided ideas and reference; the fifth part of the article is to improve the standard of confirmation of shareholder the qualification of our country, we should start from the internal and external two legal relationships, are discussed respectively to form A formal requirements and essential elements of conflict, conflict, internal substantive elements of internal standard solution, specifically, the company's external legal relationship, apply form of evidence, the conflict of the form of evidence, the industrial and commercial registration is the best proof; in the company's external legal relationship, should also be a priority for the formal requirements, but if substantial the elements can form elements to overthrow the substantive requirements to the qualification of shareholders, when the conflict between the elements of the form, if disputes between the shareholders or promoters sponsor shareholders and the company, should give priority to the articles of association of the company with the qualification of shareholders, when disputes between shareholders or promoters in between the shareholder and the company is the sponsor in the register of shareholders to the qualification of shareholders, the conflict of the substantive elements, the actual exercise of the rights of shareholders in the company's external application The qualification of shareholders, the company internal with the actual contribution of the shareholders' qualification cognizance.