Research On The Protection Of The Equity Shareholders' Rights And Interests Of Ownership Holding

With the diversified development of the socialist market economy and the ever-changing demands of investors,equity holdings have become a new way of investing in companies.Especially in limited liability companies,some investors are inconvenient for a variety of reasons.Equity holdings to a certain extent is a breakthrough to the traditional investment methods judicial practice has also caused many disputes.Due to the stability and lag of the law,our country's existing laws have not yet exhaustively stipulated the issue of implicit name funding,and it is difficult to achieve effective unity in solving disputes in practice across the country.In order to serve the investors better with the behavior of share holdings,to avoid unnecessary risks and to maintain the security of transactions,the paper conducts a double analysis of the behavior of shareholding holdings at the theoretical and practical levels.In the complicated multi-party relationship,the anonymous shareholders are in the core position,and their risks are also the most complex and diverse.The premise of research on the protection of hidden shareholders'rights and interests is to clarify the legal relationship between the parties involved in the ownership of holdings.Only by grasping the boundaries and common contradictions and cruxes between the rights and obligations of different subjects,can it be facilitated in practice.China has identified the qualifications of anonymous shareholders and established corresponding supporting systems to regulate them.Through analyzing and judging a large number of cases of judicial adjudication,the paper concludes with a few typical examples to clarify the high-risk points in the commercial transactions of the anonymous shareholders,with a view to making more targeted recommendations.At the same time,the paper also draws lessons from some mature systems and experiences in foreign countries and analyzes the situation in China.The paper believes that the criteria for the identification of shareholder qualifications should be clearly defined first.This is to protect the interests of hidden shareholders is to regulate the relevant market transactions.