Research On Enforcement Of Equity Holding

Since the beginning of the new century,China's economy has developed rapidly.In the field of commercial affairs,it is common for equity to be held by others on behalf of it.Among them,the issue of enforcement of equity on behalf of equity is very prominent.Because China has not clearly stipulated the aforementioned issues at the legal level,it has led to different cases in the same case in judicial decisions.In this type of case,some judicial authorities have ruled that anonymous shareholders cannot rule out the enforcement of equity in the name of a nominal shareholder based on commercial appearance.Some judicial authorities believe that commercial appearance is not applicable to the enforcement stage of equity.Applicable to transactional behavior,thus supporting anonymous shareholders to rule out enforcement.The purpose of studying this problem is to put forward perfect suggestions for the current disputes in this field.First of all,this article introduces and analyzes typical cases of this issue,elicits the issues to be discussed in this article,and puts forward the viewpoints of this article so that anonymous shareholders can rule out enforcement.At the same time,it sorts out the current academic viewpoints on whether the anonymous shareholders can rule out the enforcement of the court,and elaborates two different views of the current China on the issue of enforcement of equity on behalf of shareholders.The main reasons that anonymous shareholders cannot rule out enforcement are:protection of the external third party's trust based on commercial appearance,enforcement of licenses based on the principle of good faith and efficiency value,and the pursuit of maximization of personal interests by anonymous shareholders.The risk is at your own risk.The main reasons that anonymous shareholders can exclude enforcement are that commercial appearance does not apply to non-transactional third parties,and from the perspective of the principle of fairness and justice,license enforcement will violate the principle of fairness and justice,and if the court permitsenforcement Enforcement,the execution of the dissent by the outsider as a remedy for the anonymous shareholder will be useless.Secondly,the author analyzes the theory involved in the exclusion and enforcement of equity holdings.In this part,the actual attribution of the holding of equity is introduced in detail.There are mainly formal theories,substance theories,and eclecticism.These three theories have their merits,but they are also inadequate.The views advocated in this article are similar to the eclecticism,which is different from the inside and the outside.The Chinese government holds the same view and follows the autonomy of the will,but in terms of external relations,it is different from the eclectic theory that the industrial and commercial registration is used as the basis for confirming the ownership of the equity.Instead,it should be substantively reviewed because the industrial and commercial registration only has an antagonistic effect.A negative presumption,so if the anonymous shareholder has relevant evidence,the court should determine that the part of the equity belongs to the anonymous shareholder after a substantial review.At the same time,the connotation of commercial appearance and how it is constituted are explained and explained.Based on this,it is clear that the purpose of commercial appearance is to reduce transaction costs and maintain transaction security.Its scope of application should be limited to the field of commercial transactions.The scope of the three is defined,and it is clear that the problem studied in this article does not have room for application of the commercial appearance and equity goodwill acquisition system.It also aims at the court's decision that the anonymous shareholders cannot rule out the interest measurement and judicial policy and value orientation on which enforcement is based.To respond.Finally,on the basis of the above discussion,a comprehensive proposal is put forward,and it is proposed that the scope of a third party who can specify that anonymous shareholders can exclude enforcement,specify the scope of commercial appearance,and protect the equity of third parties with good faith in the system The definition is made,and at the same time,it is suggested that a trust system can be selected instead of the equity holding,in order to provide a reference idea and be helpful to solve the problems in this article.