Analysis Of Tang Changlong V. Zhou Shihai Over Shares Transferring

Stock right is the right of a shareholder to obtain economic benefits from the company and participate in the management of the company,based on its shareholders' qualifications.Stock right is an intangible right,and the shares transferring is a transfer of rights,which is distinctly different from the transfer of things.This case is the No.sixty-seventh guidance case of the Supreme Court,which shows that the case is representative.But this case triggered the controversy about the application of the law in the academic circles.The purpose of this paper is to improve the legal system of the transfer of stock right by installment and promote the innovation of legislation through the research on the focus of the dispute.This article can be divided into the following three parts:The first chapter,through the analysis of the basic facts of the case,which leads to the three focus: whether the delay in performance of the payment obligation of Tang Changlong constitutes a fundamental breach,whether Zhou Shihai has fulfilled the statutory reminder obligation,and whether the case applies to the 167 th provision of the contract law.The second chapter,from the angle of law and Jurisprudence,carries out a more comprehensive interpretation and analysis of the three focus in this case,and presented my views.Among them,whether this case applies to the 167 th provisions of the contract law is the key point,and then discusses whether the share transfer in the commercial contract should be applicable to the relevant provisions of the ordinary installment sale contract.The third chapter,based on the preceding discussion,author analyzes the shortcomings of the legal system of the share transfer contract in China,and puts forward three proposals for improving the legal system of the shares transfer contract.One is to improve the relevant legal system of stock transfer in the company law,the two is to perfect the applicable provisions of the right to terminate the share transfer contract in the contract law,and the three is to perfect the relevant Judicial interpretation of the installment payment share transfer contract.