Study On The Problem Of Equity Confirmation

With the gradual establishment of the socialist market economy system with Chinese characteristics,the enterprise organization form of the company has also flourished with the help of the economic system reform.At the same time,the corporate legal system is also constantly wholesome and perfect.In the practice of company law,the confirmation of equity is a matter of great concern,and it is also the basis of solving other disputes in the field of company law.If the standard for equity confirmation is indeterminate,it will exert various conflict of interests,and even will lead to different judgments in similar cases in judicial practice,which will undermine the fairness and justice of the judiciary.In 2013,the legislature of our country has made great changes to the company capital system in the company law,and replaced the Contributed System with the Subscription System.Although the reform of the corporate capital system meets the needs of the real economic life of our country and has important theoretical significance and application value,however,due to it is unable to carry out the supporting reform of the system.The Company Law and the judicial interpretation of the Company Law have not been able to make up for the gaps in time,therefore many new problems have been arisen in the specific judicial practice,resulting in disputes over equity confirmation due to false capital contribution,defective capital contribution and anonymous capital contribution.It is common in the judicial practice of the company and needs to be further studied.The purpose of this paper is to make a preliminary discussion on the new problems of equity confirmation caused by false capital contribution,defective capital contribution and anonymous capital contribution,in order to provide some new ideas for the settlement of equity disputes.This paper is divided into four chapters.The first chapter mainly introduces the background and significance of the topic,and explains the research methods and the innovation of the paper.The second chapter is the analysis and discussion of the relevant meanings and rules of equity confirmation,mainly discusses the concept and nature of equity,the relationships among equity and shareholder rights,shareholder qualification,and discusses the rules that should be followed in equity confirmation,besides,the new problems of equity recognition caused by the reform of the capital contribution system.The third chapter is the difficult problem of equity recognition under the Subscription System,which expounds the new problems of equity recognition from three aspects.This paper analyzes the concepts,forms of expression and judgment standards of false capital contribution,defective capital contribution and anonymous capital contribution,as well as the problems existing in the equity confirmation of these three investment methods.The fourth chapter is the analysis of the problems and shortcomings put forward above,and provides some suggestions on how to perfect the dispute of equity confirmation under the recognition system from three aspects: false capital contribution,defective capital contribution and anonymous capital contribution in order to provide references for the problem of equity confirmation in judicial practice.