Research On Legal Issues Of Dormant Investment Agreement Of Limited Liability Company

With the development of our country’s economy and society,all kinds of business activities are becoming more complex,the system of company law is perfected and the lawsuit disputes in our country are increasing.The problem of private capital contribution and its legal relationship is also appearing.The phenomenon is more common.However,due to the legal regulation,market environment,and the quality of the investors themselves,the investor’s contribution to the company in the name of others is different,which leads to the constant disputes in practice.However,it is not difficult to see that the essence of the dispute is that the rights and obligations of the relationship of invisible capital are not clear enough.Even if the carrier of this relationship is concealed from the capital contribution agreement,the inquiry of the agreement itself is the fundamental measure to solve the problem of private capital contribution.From the perspective of private capital contribution,in addition to the consideration of capital contribution income,there are also to avoid the legal prohibition and restrictive regulations,so as to achieve their own investment by means of various means,and ultimately maximize the benefits.In essence,business behavior characterized by trade should be the principle of freedom of contract and autonomy of meaning,characterized by idealism,which makes the private capital have its own space.However,the commercial law also emphasizes the order and security of the market trade and the legitimate rights and interests of the third people in good faith.The trustworthy value of the formalism and the public belief in the form of the principle of public belief makes the existence of the invisible capital contribution to certain unsuitability,which leads to some legal problems.However,the company law of China and its relevant judicial interpretations do not make a more perfect definition of the legal concept of the private capital contribution agreement,which makes the judge disagree on the referee of such disputes in the daily trial,and the phenomenon of different cases of the same case,which not only damages the authority of the law,but also damages the parties.Legal interests.On the basis of the basic principles of the company law and the relevant judicialinterpretations,this paper,based on the basic principles of the company law and the relevant judicial interpretations,compares the advantages and shortcomings of the present such agreement in the theory of law and the judicial practice,and tries to perfect the system of implicit capital contribution in order to ensure the publicity of the commercial law.Under the circumstances of the principle of appearance and the principle of autonomy of private law,we should balance the interests of all parties,promote the safety of market investment and optimize the allocation of investment resources.This paper includes three parts: introduction,text and summary.There are five chapters in the body.The first chapter is the overview of the theoretical basis,first of all,to determine the concept and characteristics of anonymous capital contribution,to define the scope of private capital contribution,the historical development and formation of hidden capital contribution,to understand the hidden capital contribution from many aspects,and then to explain the concept and characteristics of the hidden investment agreement,and to distinguish the concepts of the related subjects.The following discussion set up a basic conceptual platform.In the second chapter,on the basis of the concept of the previous chapter,how to regulate and point out the existing problems in the present law by the relation of the invisible capital contribution agreement in the present law.The first is to analyze the interpretation of China’s "company law" and the most high court,and then further explain some of the law articles about the invisible capital contribution in the "three" of the company law interpretation,and finally point out the shortcomings.The third chapter,from the perspective of the effectiveness and nature of the dormant contribution agreement,explores the problems of the anonymous investment agreement in the previous chapter.This paper focuses on the analysis of the influence of the different effects and the different nature of the private capital contribution agreement,and further analyzes the key point of how to deal with the hidden investment agreement in various countries.The fourth chapter mainly analyzes how the agreement relationship between the continental law system,the Anglo American law system and our country in the present private capital contribution is identified,and the results have those effects on other people outside the agreement,including the other shareholders of the company and the third outside the company.The fifth chapter,mainly through the summary of the first three chapters,analyzes the regulation of the current law on private capital investment and its shortcomings,and on this basis puts forward some relevant suggestions to improve the protection and limitation of private capital contribution,so as to provide a safe and effective market operation for the invisible capital.Thelegal environment.Through the discussion of the five chapter of the introduction,through the problems brought by the invisible capital contribution,we will further explore the concealed capital contribution agreement itself,with the emphasis on the identification of the effectiveness and nature of the agreement itself,and then through the comparison and analysis of the treatment of the hidden capital contribution agreement at home and abroad,and finally stand in the current law of China.We should provide a relatively sound legislative proposal for anonymous investment in the environment.