Analysis Of The Case About Disputes Over The Rights Of Defective Shareholders

Whether the shareholders fulfill their investment obligations,not only affect the company's survival and normal operation,involving the protection of the interests of creditors and the maintenance of market transactions order,but also affect the exercise of shareholders' rights.Therefore,it is of great significance for shareholders to fully fulfill their investment obligations,both for companies,other shareholders,corporate creditors and economic order.However,due to our country has not yet formed a perfect commercial credit system,all sorts of flawed investment phenomenon emerge in real life,which seriously undermined the market order.In the case of defective capital contribution,a series of questions like whether the shareholder has the ability to obtain shareholder qualification and enjoy full shareholder rights,if not fully enjoy the rights of shareholders,which rights need to be restricted,and how to restrict,has not be resolved.Although the relevant laws of our country have mentioned,but lack of clear provisions.There is a big difference in understanding of this problem in theoretical circles,leading to the courts in different places can not make a unified referee on defective equity dispute casesThis paper takes a company of Taizhou City sued Tang shareholder rights dispute cases as an example,from the aspects of theory and practice to analyze the problem on the restriction of defective shareholder rights.This paper can be divided into five parts,the first part is the brief introduction of the case and the focus of the controversy.Through the brief introduction of the facts of the case and the focus of the dispute between the original defendants,the author wants to lead to the important questions of this paper.The second part is the recognition of the defective behavior,which mainly analyzes the connotation and manifestations of defective contribution,and then analyze the first controversial focus.The third part is the analysis between the defective capital contribution behavior and the shareholder qualification,which mainly analyzes the criteria of shareholder qualification and the impacts of defective contribution on it,and then analyze the second controversial focus.In the fourth part,the author analyzes the relationship between defective capital contribution andshareholder's rights,puts forward the conclusion that the rights of the shareholders should be restricted,and then explain the reason of the conclusion in theory,and then introduce the legislation and the judicial situation of the rights limitation of the defective shareholders,on the basis of the above analysis the author analyzes the third controversial focus.The last part of the article is the research conclusion and the judicial suggestion.The author puts forward the judicial suggestion of the similar case-related problem according to the related research and the case analysis.On the basis of the analysis of the facts and the application of the law,the author puts forward that the court can take the distinction between the proportion of the equity and the non-proportional equity as judgment criteria in the limitation of the definition of the shareholders' rights,rely on the proportion of the actual payment of the corresponding reasonable restrictions in the degree of the limitation,take articles of association and shareholders meeting and relevant laws or regulations as the basis for the referee in the way to restrict shareholder rights,with a view to put forward helpful advice to perfect system of restriction on defective shareholders' rights of China.