The Legal Analysis Of Wang Yun V. Zhufeng Pharmaceutical,Wang Hui And Other Equity Holding Disputes

In the commercial trade activities in China,stock holding has become a common phenomenon of trading,because of its concealment and flexibility,has been widely welcomed to invest but because of various reasons named the inconvenience.But with the stock holding frequent disputes,gradually highlights China stock holding system is not perfect,China's existing laws and regulations have not completely solve the practice of stock holding disputes,such as the ownership of the legal definition of generation,only the accurate definition of stock holding,in order to better solve the practice on behalf of the holders of existing disputes;such as equity nominee agreement by the people's court for invalid,under the name of the nominal shareholder equity should be how to deal with?How should the rights and interests of actual investors be guaranteed?Our country has not made specific provisions.In this paper,through the introduction of stock holding dispute case,and combined with relevant theoretical knowledge,in the case of equity relates to hold different court decision problems and in-depth analysis,to reveal China's stock holding status and existing problems,and on behalf of the holders of equity related legal considerations,in order to promote equity in China to improve the generation system.This paper consists of four chapters,the first chapter is the introduction,mainly expounds the significance of the research background and research status,research contents and methods;the second chapter is the basic facts of the case and the focus of controversy,mainly introduces the basic facts of the case,the focus of controversy of different court judgment results and the third chapter is the case;comment on the focus of controversy in this case,combined with the basic theory,on behalf of the holders of the equity on behalf of the holders of the reasons and legal effect,respectively in the case of first instance,second instance and the retrial judgment of law;the fourth chapter is the reflections on the case,from improving the qualification of dormant shareholder legislation,build equity nominee agreement system,strengthen the consciousness of evidence,construction of dormant shareholders on behalf of the holders of equity pledge system,improve the investor named five aspects of the system thinking.