A Study On The Legal Issues Of Hidden Shareholders

The rapid development of China's economy and the rapid development of private investment to more and more diverse,dormantinvestment comply with market economy and investment demand has become a common way of investment,but also lots of dormant shareholder related disputes caused by dormant shareholders itself legitimacy,accountability,risk control and other many practical problems.The dormant shareholders became the hot topic in the law circle of our country.According to the different purposes of dormant investment,the formation of a variety of types of dormant shareholders.Of course also gains the dormant shareholders with high risk in the dormant investment.Legitimate dormant shareholder is likely to lose due to inability to obtain shareholder qualification In practice,hidden shareholders often can not provide sufficient evidence to prove their shareholder identity,once disputes arise,it is difficultto realize their shareholders' rights.Due to the late start of legislation in our country,the legislative design of the company law is not comprehensive and perfect,at the same time,the anonymous capital contribution has the concealment and the complexity of the subject involved and the legal relationship.Hidden shareholder related legal disputes have become a major problem in the judicial practice of our country,although there are many hidden shareholder related disputes objectively.However,it can not solve the problem well.The absence of relevant laws and the blank legislation lead to the different standards of judgment of hidden shareholders in all levels of courts in China,and the result of the judgment is chaotic.Have a negative impact on the authority and impartiality of the judicial decision in our country.Until the Supreme people's Court < the provisions on the Application of Company Law hereinafter referred to as the "Company Law promulgated,our country law of dormant shareholder provisions are relatively clear,but the interpretation of legal effect is low,only anonymousshareholders simple general description,solves often encountered several problems in the practice,itself is not perfect but also unable to form the effective regulation system the dormant shareholder disputes.Therefore,how to solve the dormant shareholder related disputes,protecting the lawful legitimate rights and interests of dormant shareholders will not be violated,the dormant shareholders how to legally according to the risk,not only has important significance to the company law theory,but also instructive in the judicial practice of our country.In view of this phenomenon,this article from the typical dormant shareholder qualification cases,through the case study method and explicit standard at present in our country the qualification of dormant shareholder standard analysis of the case,and the anonymous shareholders defective capital contribution responsibility research,find deficiencies encountered in practice trials legislation,to explore the solution reasonable and legitimate.