Research On The Legal Issues Of Corporation's Right Of Incorporation

The right of incorporation is mentioned in the securities law and the company law of our country.in the field of securities,insider trading is mainly aimed at,while in the field of companies,the internal governance structure of the company is mainly adjusted to regulate the violation of specific obligations against the interests of the company.This paper mainly studies the right of incorporation in the perspective of company law,because the right of incorporation has certain institutional advantages,but the lack of specific applicability of the provisions,is a great mining value of the right,the main research direction of this paper is to explore and improve the system of the right of incorporation,the specific application method of the right of incorporation.The introduction part mainly introduces the original areas of the right of incorporation and the main problems of its adjustment,that is,tracing back to the origin of the right of incorporation,and tracing back to the time node of its initial birth,which is a background introduction of this paper.The first part of the text mainly discusses how the right of incorporation appears and how it develops.Mainly from the theoretical basis and system source of the system of the right of inclusion,analysis of the emergence and development of the right of inclusion.After clarifying the development context of the company's right of incorporation,this paper analyzes the important role of the right of incorporation in the practical application from the perspective of its origin,which paves the way for the perfection of the system of the right of incorporation in the following article,which is also the main purpose of this paper.The second part of the body mainly analyzes and discusses the nature of the company's right of incorporation.Comparing with the provisions of other countries and regions in the world,as well as the existence of several mainstream views in academia,this paper analyzes the nature of the right of inclusion.For a right,to understand its nature is the most basic,the most fundamental,only fully clearly defined the nature of the right to belong to,can be based on this basis to explore otherrelated issues of the right to belong to.The author summarizes four theories,including the theory of right of formation,right of claim,right of formation and right of claim.After introducing the viewpoints of these main theories,the author criticizes them from different angles,and finally makes clear his own viewpoints.The third part of the text is the core content of this paper,because the greatest value of a system is practical,if you want to make the right to belong to the real play value,you must build a bridge between theory and practical application.That is to study the specific exercise of the right of return,including the subject,object,specific application,procedure and period of exercise.Each module will be compared with other countries and regions of the relevant provisions,combined with the existing domestic views and the author's understanding of the system,pointed out that the current legal provisions of the specific shortcomings,so as to establish a complete framework for the exercise of the system.The fourth part of the main body is an important problem in the application of the company's right of incorporation,that is,how to deal with the concurrence of the right of incorporation and the right of claim for damages.Since the two rights address similar main issues,there is an alternative relationship in which to explore how to play the unique institutional value of inclusion rights.And put forward the author will use the idea of combining the two rights,as well as the specific application steps.Finally,after analyzing the origin and development of the company's right of incorporation,defining the nature of the right of incorporation,specifying the specific exercise system,and dealing with the concurrence of rights,the author puts forward some suggestions on the whole system of the right of incorporation.This part is the integration of the foregoing summary,in view of the specific module mentioned in the problem,clarify the author's handling opinions and solutions.It further shows that the author focuses on the practical application direction of the company's right of incorporation system,and provides a reference for the future legislation of our country.