The Study On The Judgment Criteria Of Shareholder Qualification Confirmation On Limited Liability Companies

The confirmation of shareholder qualification of the limited liability company has always been a controversial issue in our country.Although it is not the current hot issue in the company law,it can not be ignored because it is the forepart to solve the equity dispute.In the absence of clear provisions of the law,the theoretical circles of the shareholders qualification criteria are different words,the theoretical controversy of different standards from a positive perspective is to expand and improve the knowledge system,and provide valuable advice on the criteria for the recognition of shareholder qualifications.But on the other hand,it also indirectly leads to the inconsistency of the standards of shareholder qualification in judicial practice,which makes the practical departments adopt different "theories" to make different judgments continuously.The decisions of different courts of the same type of case may be different from each other.Also the determination of shareholder qualification is the inevitable preposition problem in most company disputes.If the basic problem is not solved or unreasonably solved,it will affect the identification of subsequent legal relations and the settlement of company disputes.Therefore,the inconsistency of shareholder qualification confirmation standards is harmful to the economic interests of stakeholders,the trust interests of companies and the development of corporate legal system.The paper mainly takes the empirical analysis method,selects the case law from 2013 to 2018 and the guiding case of The Supreme People's court.From different perspectives and variables to analyze the nature,characteristics,types,results and basis of shareholder qualification confirmation disputes.Through multi-angle analysis of the data,We have a clearer understanding of the disputes of shareholder qualification confirmation.Then classify and analyze the cases of the Supreme People's Court according to the types of disputes.and sort out the adjudication rules embodied by the Supreme People's Court in each kind of disputes.Finally,concluded the judgment standard of the Supreme People's Court in the shareholder qualification confirmation dispute.According to the data analysis.When the Supreme People's Court deals with the dispute of shareholder qualification confirmation,For the confirmation of shareholder's qualification within the company,the substantive requirements should be adopted first to confirm shareholder's qualification.When it comes to the interests of the third party,The formal elements will be considered first.Based on this,Then through analysis the various theories about shareholder qualification in the theoretical circle.The paper is more in favor of the criteria for distinguishing the internal and external legal relations of a company.Therefore,based on the results of empirical research,the paper tries to put forward the judgment criteria of shareholder qualification confirmation: the internal and external legal relationship between shareholders and companies,such as the internal legal relationship between shareholders or between shareholders and companies,and so on.It should be considered that it should be considered that substantive evidence is more evident than formal evidence.and if it is an external legal relationship of such a company,such as a shareholder qualification dispute with the third party in good faith,it shall be dominated by formal elements.At this time,the proof of formal evidence is stronger than that of substantive evidence.