Case Study On The Legal Issues Of The Dormant Shareholders

With the development of our country's economy,there are more and more disputes caused by the existence of dormant shareholders.A large number of disputes are appealed to the court,and many parties have appealed to the court to safeguard their rights and interests.However,the legal provisions on the dormant shareholders are not perfect in our country: the law of our country does not stipulate the confirmation of the qualification of the dormant shareholders,and does not stipulate the conditions for the dormant shareholders against the enforcement of the court,nor does it stipulate the conditions for the establishment of the ownership relationship.Because of the legislative imperfection,the court encountered a difficult situation in the trial.When the qualification of the dormant shareholders is needed,the court can only determine whether the dormant shareholders have equity or not,but can not identify whether the dormant shareholders have the shareholders' qualifications.When the dormant shareholders are the real owners of the explicit shareholders,the court applies to the court to stop the enforcement,and when the party appeals to the court for the establishment of the ownership relationship,the court is often discretionary according to the specific circumstances.Such practice is very easy to cause the referee's result to be lost so that the legitimate rights and interests of the parties can not be maintained.The result of the misconduct of the referee is not in accordance with the requirements of the principle of fairness and justice.Therefore,it is urgent to find the defects in the trial through the analysis of the cases,and on this basis,analyze the legislative problems reflected by it,and finally put forward the solutions to the problems.Starting from three cases,this paper makes a theoretical analysis of the case,finds out the existing problems in the actual trial,and puts forward my own thinking on this basis,and puts forward the methods to solve the problem.The first part of this article introduces the three cases,including the summary case,the referee result and the controversial focus in every case.The three case is Mao Mou's dispute over a share transfer dispute,a dispute between Wang and Liu,and a dispute between Wang and Mount Everest.The second part analyzes the legal theory behind the focus of the case dispute,and on the basis of the analysis of the theory,it discusses the court's referee results in the above cases,so as to put forward my own opinion on the result of the case's referee.The third part thinks about the problems reflected in the above analysis,and puts forward the methods and suggestions to solve these problems,including suggestions on the basis of specific cases and the construction of the framework of the system of dormant shareholders.