Research On The Protection Of Investment Rights And Interests Of Anonymous Investors

The way of investment is increasingly diversified in China with the increasing frequency of market economic activities,there have been a large number of anonymous investments in the economic field,great difficulty has been caused in the protection of investment rights and interests of anonymous investors due to the speciality of anonymous investments,the nominal shareholder,based on the dominant position of its shareholder's rights,may damage the rights and interests of the anonymous investors,in the event of a breach of contract,the anonymous investors can only protect its rights and interests according to the relevant contractual documents such as the equity holding agreement.The lack of existing laws in China has led to a large number of violations of the investment rights and interests of anonymous investors in judicial practice.Interests of many parties are involved in anonymous investments,and the existing legal relationship is complex.Therefore,the protection of the investment rights and interests of anonymous investors is also higher.Although the investment rights and interests of anonymous investors do not constitute the equity to be protected and adjusted by law,anonymous investments should be protected while it is violated by others as it is a fact and property right.The basic composition of the article is as follows:First,before researching the protection of investment rights and interests of anonymous investors,the basic theory of anonymous investors is introduced,and the law problem of anonymous investors is briefly introduced from the definition,characteristics of anonymous investors,and the reasons why there are anonymous investors;Then,a summary of the basic views of the legal status,the form theory and the difference theory of the legal status of the anonymous investors at present China is conducted,the advantages and disadvantages of the three theories are analyzed and evaluated,and the reasons for the protection of the investment rights and interests of the anonymous investors and existing legal risks are specified;Finally,interpret relevant laws concerning the anonymous investment in the current law by analyzing existing disadvantages and some simple legislative proposals are put forward so as to provide more research ideas to the perfection of the legal system of the protection of investment rights and interests of anonymous investors in China as well as judicial practice.