The Research On The Protection Of The Rights Of The Actual Investor In The Stock Holding

Shareholding is the product of the modern economic market,because of its hidden special attributes to attract the influx of large investment.In the context of the market economy,the equity investment method can not only promote the development of the economy,but also enable the invested companies to make the investment company financing,has a good development prospects.But the lack of relevant legislation in China,only the implementation of the 2011 "Company Law Interpretation of three" on the issue of equity representation is more pertinent,but few can not cover all the issues of equity holdings,the practice of equity disputes caused by more,The real investor's rights are not well protected,so how to regulate the issue of equity issue worthy of further study.In addition to the introduction and conclusion of this article is divided into four chapters:Chapter 2 is an overview of equity representation.This paper mainly discusses the basic concepts of equity substitution,analyzes the nature of the equity substitution and its special legal relationship,type and actual investor risk.Chapter 3 is the legislative and judicial practice of equity substitution.Mainly analyzes the status quo of the legislation and judicial status of the shares in China and its existing problems.Through two cases,the practice of the typical emergence of the typical stock ownership dispute analysis.Chapter 4 is the relevant provisions on foreign ownership.This paper mainly introduces the relevant legal provisions of the common law system and the civil law system in order to find out the reference significance to our country.Chapter 5 is the proposal to perfect the legal issue of stock ownership in our country.On the basis of the previous research,the author puts forward some suggestions on perfecting the shareholding of our country.First of all should determine the identity of the actual investor;secondly,should improve the relevantsupporting legal system to protect the rights of the actual investor;third should be introduced notarized intervention system.Equity holdings take the agreement as the core,and the notarized agreement can indicate the legal status of the actual investor.Finally,we should learn from the experience of foreign equity holdings and promote the equity trust mode.Equity trust can be a good protection of the interests of the actual investors.The paper concludes that,in order to solve the related problems in the ownership of our country,we should clarify the legal status of the real investors,construct the relevant supporting laws of the equity substitution,carry out notarization of the equity substitution agreement and promote the equity trust mode to protect The legitimate rights of the actual investor.