The Research On The Compulsory Execution About The Share Right Of The Nominal Share Holders

In the process of the high speed development of the market economy,the phenomenon that those nominal share holders of the Limited liability company hold the share right is becoming more and more common.Due to the company law and related regulation has not make specific provision and constraint,consequently the problem of nominal share holders of the Limited liability company hold the share right cannot be ignore,among which the most outstanding one is whether the share right of the Limited liability company's nominal share holders can be act under coercion.At present,our company has not make specific regulation about the compulsory execution of the share right of the share holders,and the Judiciary authorities have different opinion on whether the nominal share right can be act under coercion,thus in Judiciary practice,different trial result has been made on one judiciary problem by different court.In the case of the compulsory execution of the share right of those share holders,some court did not acknowledge the actual right the sponsors have on the share right according to the rights appearance principles in trade regulation,instead they try their best to protect the benefit of the third party(creditors)and did not support the real sponsor's proposal to execute dissent,and they hold the opinion that the share right of the share holders can be act under coercion;while other courts believe rights appearance principles and kindness belongs to trade regulation in commercial law and it is not applicable to the compulsory execution of those dissent.It is the actual property of the person who is subjected to execution need to be executed,so if the party can proves that they were the real holder,thus court would support the sponsor's proposal to execute dissent and think the share right of the share holders cannot be act under coercion.Therefore,it is necessary to clarified whether the share rights of the share holders can be act under coercion,only in this way can we uphold the authority and fairness of Judiciary.This thesis combined the Corporation law and Civil Procedural Law and some related regulations,and will make demonstration about whether the share rights of the share holders can be act under coercion from four aspects.Chapter one.Overview compulsory execution the share rights of the share holders.As thepremise preparation of this research,this chapter analysis the legal relation between nominal share holders and the real sponsors,and the theory and system concerning the compulsory execution about the share right of nominal share holders on the basis of the define the nominal share holders.All this play a solid a foundation for the research on compulsory execution of the share right of nominal share holders.Chapter two.The present state of the theory of our country's compulsory execution of the share right of those share holders.Based on our current law system background,aimed at whether the share right of the share holder can be act under coercion,there exist different opinion in this theory field,some scholars believe the share right of the share holder can be act under coercion according to the Rights appearance principles;and other scholars think that the share right of the share holder cannot be act under coercion according to the Equity substantial attribution principles.This chapter will make a introduction about the theory situation of the the compulsory execution about the share right nominal share holders,in conclude,different scholar hold different opinion.And I hope it will be helpful to the research of compulsory execution about the share right of nominal share holders.Chapter three.The experience reference of foreign country's system of the compulsory execution of the share right of share holders.After learn from the experiences the two main law systems have on the compulsory execution of the share right of the share holders,in mainland law system those who pay more attention to form think that the share right of the share holder can be act under coercion,while in America and British law system,they use sharing trust system to normalize the relation between nominal share right holders and those real sponsors,and under this system the share right of the share holder cannot be act under coercion.And it will also be helpful to the research in this thesis.Chapter four.Perfecting the thinking of our country's compulsory execution about nominal share right of those share holders.Based on the analysis of the pretext,after combed the main point of view of the the argument theory behind the problem of whether the share right of the nominal share holder can be act under coercion,I made this conclusion: the share right of the share holder cannot be act under coercion.And this paper demonstrated the rationality of this thesis from three aspects: qualification authentication of the share right,the assurance of the share holder's property in the sponsor's proposal to execute dissent,the applicable rights appearance principles and kindness and the third party,and it will be helpful to solve the problem of the compulsory execution of the share right of the nominal share holder effectively.In the second part of this thesis,it put forward some legal proposal of perfecting our country's compulsory execution system about nominal share right of the share holders.