A Study On The Determination Of Defective Investment Equity

The research topic of this paper is based on the problem of the equity determination of the investor in the case of defective investment.The theory is mainly guided by shareholder qualification and laws and regulations on share ownership,and the value guidance is to balance the rights and interests of the company,defective investors and other shareholders.The author studies the subject follows the train of thought is: starting from the judicial practice,from the proceedings,the types of disputes,disputes,trial on the basis of analysis of several aspects,such as the characteristics of the flaws capital contribution of shareholders equity that dispute case,thus lead to shareholder capital contribution flaw and relevant theoretical issues,finally the flaws capital contribution rules of equity that typed analysis.The main part of this paper is divided into three parts,and the specific content is arranged as follows.The first part is find the problem.On the basis of 288 judgment documents,the author analyzes the main disputes in the equity determination in the case of defective investment by shareholders.Based on the combing and analysis of the 288 equity dispute,around the court procedures and basis of study and the focus of the controversy,type,and so on,which sums up the existing in the practice of several types of the flaws capital contribution of shareholders case equity that problem,for example,the controversial to creditor's rights enjoyed by the capital contribution to a third person,for the allocation of land use rights,franchise investment judgment standard question,enterprise investment problems,guarantee property investment lending behavior problems.The second part is analyzes the problem.This part focuses on the theoretical analysis of three theories(negation,affirmation and limited equity theory)in the case of defective investment.Therefore,it is found that whether shareholders can obtain equity in the case of defective investment depends on how much they can fully fulfill their obligations of contribution or have already fulfilled their obligations of contribution within a reasonable and limited period after the call.Our current system of the company law has contributed capital to the practice of subscribed capital system as well as the related judicial interpretation issued and implemented have shown that the attitude of China's judicial,recognising that limited equity said.Theimplementation of capital subscription system will inevitably enable the investor to obtain equity in accordance with the articles of association or in accordance with the proportion of capital contribution or capital contribution.Therefore,the acquisition of equity is not based on the initial investment but on the fact that after the occurrence of defective investment,the obligation of capital contribution can be fully fulfilled within a limited and reasonable period.The third part is to solve the problem.According to the discussion of the problems in the first two parts and the results of the theoretical analysis,the classification confirmation of the rules of equity recognition in the case of defective capital contribution is carried out.First of all,is to determine the flaws capital contribution of shareholders equity in the judicial practice to confirm the basic train of thought and the referee rules,the flaws capital contribution equity problems for simple typed analysis,secondly,in view of the special circumstances are controversial,such as the first part of this paper have put forward part of the problem,this paper also puts forward Suggestions for the validation rules.