Research On The Judgment Rules Of The Qualification Of The Shareholders In Limited Liability Companies

From the beginning of the end of last century,along with the implementation of the company law and the joint-stock reform of state-owned enterprises,number of litigation cases in China,more and more,but that which in many cases and shareholder identity confirmation has not out of the relationship.In recent years,the problem related legal norms,frequently published trial practice also dense collection of studies,related papers and academic works as "wholesale",published in various journals,research with all kinds of outcomes emerged in the form of dissertation etc.So far,however,in judicial practice rules about the qualification of shareholders is still lack of strong theoretical support,our domestic standard question about the qualification cognizance of the shareholders also each have each view and view all the time,so far there is no consistent conclusion.In the face of the research status of shareholder's qualification and the existing condition,we have reason to fear that the investment and trading irregularities accommodation of bad demonstration effect,not only will the company legal and orderly and healthy development of the cause of certain misleading effect,also research on related theory of scientific thinking.We have more reason to be of certain provisions of the current "company law" in the scientific nature and rationality,such as the qualification of shareholders in the company law,industrial and commercial registration and regulate what played a role of shareholders? What is the legal basis for this?Because China's "company law" does not stipulate the way of equity public display and its effectiveness,the conflict in the form of equity expression finally leads to the discussion on how to determine the shareholders' qualification of the limited liability company.In this discussion,everyone more debate is whether equity in various ways,which way is more credible,in fact,in the legal statutory public way of equity and effectiveness before making rules,the qualification cognizance of the shareholders,in the final analysis,is only a matter of a fact that need complex proof process,can only be addressed by specific referee,the referee process is a dispute the parties of game,the process of law is very difficult to foresee the specific process,only to dispute the parties provides a standard and rules of game.The purpose of this paper is to establish how to play the game between different evidences that determine the qualification of shareholders.Shareholder's qualification to different methods lead to in the judicial practice easy to decide the decision,different criteria for these cases occur based on shareholder identity cognizance is the precondition of dealing with other company law disputes,so different shareholders qualification standards different verdict is bound to affect the other company law dispute processing result.The research content of this article is based on the qualification of shareholders judicial judgment rule research,the theoretical circle about a lot of works co.,LTD.,a shareholder,have their own different point of view,however,different theories would be easy to lead to chaos in the judicial practice standards.Full text based on the study of 2017 across the country several copies of the judgment,for each different court according to the obtained common,comprehensive court referee train of thought,and sums up the judgment on the basis of the different lies mainly in the form factor and nature factor decided that there are differences.According to the difference of the identification basis,different types of cases are analyzed,and different evidences for determining the qualification of shareholders are divided into the order of the rankorder.To be a breakthrough in the following three aspects: one is trying to findthe interests of the parties subject to a great extent balance relationship,based ontheprinciple of three aspects put forward ideas to solve the shareholder qualification;The second is to construct the plan which satisfies both the international company law and China's national conditions and market conditions.The third is that most of the problems are complicated,and the perfect theory can not exhaust all the difficulties.