Research On The Qualification Of Dormant Shareholders

In the judicial practice of our country,because the disclosed shareholders’ qualification is still a problem for any legislation to give qualitative,which are caused by the academic point of view is able to be unified,in actual practice the judgment of the court in which,in the absence of a unified standard will also enable the individual to the Court’s jurisprudence is not the same.The occurrence of this phenomenon is very common,and some of these issues is not conducive to the emergence of trading activity,the market is not conducive to the security of the transactions carried out,in order to circumvent these problems,this paper will try to combine academic and practical point of view in jurisprudence,the undisclosed shareholders’ qualification problem.This paper try to discusses the problem of dormant shareholders about the concept,causes and in academia for such a class ruled by different theories,and its object is to clarify that our domestic one theory on the status quo.Again because at the legislative level,did not define the criteria,then the judicial precedents on pleading standards is not a problem of the occurrence of these problems,we first analyzed was abroad on the subject of regulation,hoping to get some enlightenment,At last,according to the present situation of law applicable to the case,I put forward the corresponding countermeasures.I’m in the research of the undisclosed shareholders’ qualification regulations offer some help.Law is a social coordination in a variety of interests between the contradiction of the basic tool,as a legal balance and coordination among the various social conflicts of fundamental interests between the tool for the clear identification of the undisclosed shareholders of the shareholders to decide how to regulate it.So only disclosed shareholders’ qualification,and the confirmation of the legal status of the perfect law rules,shall have a sound legal system,so as to coordinate and balance the anonymous investment that exist in the different between the conflicts of interest are the elements what we success,and the various legal relationships among the interests of balance.Therefore,it is necessary for us to the undisclosed shareholders’ qualification of the shareholders,and the confirmation of the legal issues related to the strict legislation of specifications,and malicious evasion of laws and regulations while performing in the anonymous investment person ’crime and punishment,the undisclosed investment negative influence in strictly controlled and,consequently,reducing the unbeneficial factors of dormant investment,in order to promote its trading activity which provided the platform.