| Along with the continuous opening of China's capital market,equity holding as a new type of investment has been favored by many investors and developed rapidly,which is of great significance for promoting shareholder investment and corporate financing.However,in the current judicial practice,litigation cases arising from equity disputes are also increasing.Companies,shareholders and creditors are faced with a series of risks due to equity holding behavior.Therefore,the issue of equity holding has triggered corporate law.Widespread attention in the world.The so-called equity holding refers to the fact that the actual investor agrees with others in an oral or written manner,so that others can replace the actual investor in the register of shareholders and the industrial and commercial registration authority.Compared with the rapid development of equity holding behavior in the company's operation practice,China's equity holding regulation legislation construction is lagging behind,although the 2010 Company Law(Judicial Interpretation III)does the equity holding behavior in limited liability companies.There are principled provisions,but the legislative provisions are not operational enough to provide perfect institutional support for the judicial decisions of various equity holding cases in practice.Therefore,in order to better regulate the equity holding behavior,in order to promote the company's financing,and better protect the legitimate rights and interests of the company,shareholders and creditors,it is necessary to further promote the research on the equity holding legal system,thus Providing useful explorations through the improvement of the behavioral legislation.The main contents of this paper include the following aspect:The first chapter: Introduction.This part is to discuss the topic background,significance,research status at home and abroad,research methods and innovations of the paper,focusing on the necessity and feasibility of the research.The second chapter is an overview of the basic theory of equity holding.This chapter focuses on the concept,characteristics,type,corporate governance function and specific causes of equity holding behavior,and combines the basic theory of company law and the practice case of equity holding operation to analyze the above content,so as to The specific study of behavior lays the necessary theoretical foundation.The third chapter: the nature of equity holding and its risk analysis.This chapter firstly compares and analyzes the three main theories about the definition of equity holding: the relationship of trust relationship,the theory of contractual relationship and the theory of agency relationship,and points out that this article tends to trust;secondly,this part is based on the analysis of the nature of the law,this The potential risks under a special legal relationship are elaborated,pointing out the risks faced by anonymous investors,actual investors,companies and creditors.The fourth chapter: the legal regulation of China's equity holding and its problem analysis.This chapter firstly sorts out the relevant legal norms of equity holding in China,and has carried out the "Company Law","Company Law(Judicial Interpretation III)" and "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Foreign Investment Dispute Cases".Introduction;Secondly,it points out the main problems existing in China's current legal system,including the ambiguity of the legislation,the lack of equity holding form and content regulation,and the lack of shareholders' qualification standards.The fifth chapter is a comparative analysis of the legal system of equity holdings.This chapter first analyzes the law enforcement system of the United Kingdom and the United States in the United States and the United States.Secondly,it analyzes the legal system of the equity law in Germany,South Korea and Japan in the civil law system.The definition of standards,the analysis of the legality of equity holdings and the balance of shareholder rights in equity holdings,etc.,analyze the experience of the regulatory system of the domain,in order to provide guidance for the improvement of the legal system of shareholding in China.The sixth chapter: the perfect suggestions for the legal system of the shareholding legislation in China.This chapter revolves around the improvement of the legislative system of equity holding in China,the positioning of the legal nature of equity holding,the regulation of the form and content of the equity holding agreement,the identification of the shareholding shareholder's qualification,the consequence of the invalidity of the shareholding agreement and the equity holding.Relevant paths such as the protection of creditors' rights and interests,and put forward specific suggestions for improving the legal regulation of equity holding in China. |
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