On The Judicial Standard About Confirmation Of The Title Of Shareholders

The judicial standard about confirmation of the title of shareholders,as we all know, is not uniform long-standing in our country, unchanged yet. The basic position has no wonder to contribute the consequense that uniform will be magnified by geometey. Under this background, as soon as possible to perfect it is on the top priority.The vitality of the system lies in implementation. Starting with the laws about confirmation of the title of shareholders and judicial confiction, the goal of this dissertation is the safe and effective membership in limited liability company. Because that the following idea we will take up: we will review the question, grasp its internal mechanism,clear the answer and then demonstrate the effectiveness of each standards on the basis of fact. The path and system of the confirmation of shareholder qualification is on the way.This dissertation, except introduction and peroration, is divided into four chapters and main contents of each chapters are as follows:Chapter 1 start with the institutional framework of shareholder qualification confirmation.By examing the laws and regulations, we will clarify the general law framework in China, as well as the guidance of the courts all levels.Listing the main problems is the intention of chapter 2. By summing up 200 samples of the judgment document, we find the following main problems:1. the result is not accurate.2.the law out of feasibility. Laws and regulations are unclear, and the court's guidance all levels list different opinion is included,too. 3. the standard of judicial application is unifrom.There consist of differences in the individual understanding of the judges and the inaccurately application of the legal provisions, the characteristics of the shareholders' qualification and standards are confused, and last the shareholder's qualification is uniform. Finding question and examing reasons will lead a better path.So the next is refection on judicial judgment standard.Chapter 3 starts with rules in shareholder qualification. In trial, rules of procedure mainly involves the jurisdiction, result and last the limitation of the actions. Substantive rules mainly include essence rules and formal rules. Essence rules are mainly fund. Formal rules mainly consist of commercial registration and the register of shareholders, also the company's articlesof association and right and duty are concerned. At the angle of practice, it is better to find the direction.The reconstruction of standards is the key point of chapter4. In the end, it explores our effects on the advice for system constructed and the path selected. The main content comes to the combination of the essence standard and formal standard about internal part, the advantages and reasons of external appearance standards and the business registration about outside part. In the procedure, jurisdiction, litigation and the result will be confirmed.