Research On Legal Issues Of The Company's Stem Shareholders

Under the general situation of rapid economic development in our country,the company has become an important part of social and economic development.However,in the company's operations,there has emerged a new kind of shares-"dry shares." It is generally considered that dry stock refers to a stock that does not have a share of the company's shares held by the parties that contribute to the company.Although the company law of China stipulates the method of shareholder capital contribution,in the economic life,based on some considerations,the company or the shareholder hopes that people other than the company's shareholder will enjoy the shareholder rights and make a share gift,thus resulting in a shareholding However,such dry-share holders who did not contribute capital,because of their share-based agreement,cadre shareholders can enjoy the company's equity without funding,and the company or shareholders who are the donors also use some of the dry-These functions have realized the company and its own greater interests.I believe that cadres can be used as a new mode of capitalization for the evaluation of human resources under the new situation,which is also in line with the development of China's knowledge-based economy.However,the objections are that if it is allowed to invest in human resources assessment,it will lead to the actual capital of the company is not true,endanger the interests of the company's creditors,it will violate the principle of the company's capital enrichment,if not limited,the behavior of the external gift of shares is also easy to breed The use of stem stocks for corruption and corruption,based on these negative effects,should not be construed as the acceptance of shareholder grants to shareholders.However,looking at the pros and cons,although the existence of stem stocks requires more standardized management of the company and stricter prevention and control of social corruption,allowing the existence of dry shares in the company's operations does not necessarily harm the interests of creditors.The existence of the right amount also reflects the principle of autonomy of private law to a certain extent,which is conducive to the maintenance of the free value of the company law.Therefore,it should be specifically analyzed on the issue of the existence and qualification of the cadre shareholder.The author thinks that for the qualification cognizance of the performance shares shareholders should be combined with comprehensive analysis of ordinary shareholders qualification standards,according to the present stocks agreementbetween the parties concerned,not only to the principle of shareholder's qualification,small to all kinds of shareholder qualification requirements analysis of all kinds of evidence,such as industrial and commercial registration,register of shareholders on the substantial requirements.For the performance shares the shareholder's rights and obligations,analyzes its shareholder's rights enjoyed by the source in the area of performance shares shareholders liable shall refer the flaws capital contribution in company law responsibility of shareholders,some shareholders liability shall be borne directly by the performance shares shareholders,sometimes based on donative agreement,performance shares shareholders liable may also replace the donor.About performance shares shareholders qualification on the legal status of shareholders,should be the existence of relative standard unified point of view,the processing involves the performance shares have relatively uniform standard,on the premise of protecting the legal rights and interests of the main body,achieve the standardization of the generally applicable rules.Based on the principle of autonomy of the will of the company law,the law should be protected under the premise of not breaking the law and breaking the law.The autonomy of the party's share-giving behavior.However,the identification of China's company law and related regulations,which lack the definition of the concept of stem shares and related legislative provisions,based on the practice of stem share disputes also exist a variety of treatment methods,the company's legal system needs to be updated to follow the society Demand,it is necessary to carry out systematic analysis and research on the shareholding form of cadres,and put forward practical suggestions for social practice.Based on this,I elaborated on the prerequisites and their existing forms of the legal and reasonable existence of the cadres' stockholders,and then put forward some views on the standards of the cadre shareholder qualifications,and then analyzed the sources of shareholder rights enjoyed by cadres.And the way it takes responsibility.