Jurisprudence And Procedures For Changing, Adding, And Investing In Shareholders During Civil Execution

The German civil procedure law,Hervig,believes that individuals are allowed to seek help from the judicial institutions set up by the state.There are three forms of legal protection provided by the state: one is the final judgment,the existence of the legal relationship is judged;the second is the realization of rights;It is the temporary protection of rights.The corresponding legal claims also contain three important components: the right to appeal,the right to enforce the claim,and the right to save.The importance of enforcement in civil proceedings is self-evident.The legal instruments in force can only be regarded as safeguarding the legitimate rights and interests of the parties if they are completely and completely implemented.Efficiency is important in the execution of procedures,but program assurance cannot be ignored.Seeking a balance between the two tests the wisdom of the system designer.The system of changing and adding shareholders in civil execution is an important system that focuses on the guarantee of the procedures while pursuing the efficiency of execution.Litigation and entities cannot be separated.The discussion in this paper firmly grasps this idea.From the perspective of litigation law and the corporate law as substantive law,we pay attention to the issue of change and addition of shareholders.This paper is divided into three parts.The first part is to explain the basic theoretical issues of change in implementation and the addition of shareholders from the perspective of litigation law and substantive law.Follow the rules from general to special,explain the parties involved first,and then explain the implementation.The parties change and add,and finally explain the special theoretical basis of the additional changes to shareholders.The company law mainly explains the shareholder's capital contribution and its civil liability.The second part is to ask questions.From the perspective of litigation law,from the existing legal provisions,it is proposed whether it can increase the capital contribution of the uninvested shareholders,the transferee of the uninvested shareholders,the fraudulent shareholder as the executing party,etc.Questions,and comments on the relevant additional change procedures are not clear.From the perspective of substantive law,there are problems such as small civil liability,unsatisfactory provisions for the removal of shareholder qualifications,unreasonable liability provisions after equity transfer,and lack of early warning mechanisms.The third part is to solve the problem,mainly from the perspective of legislation and interpretation.From the perspective of litigation law,it follows the analytical method of interpretation theory.It proposes that the shareholder who is not suitable for additional change,the shareholder of the invested shareholder,and the shareholder who is fraudulently used as the enforcee,may change or add the transfer of the untrue shareholder under certain conditions.Shareholders are propositions such as the person being executed.At the same time,based on the special nature of the change and additional shareholders,it is considered that the main body of the program should be the executing party.The substantive law mainly follows the analytical method of legislative theory,reconstructs the shareholder's responsibility for capital contribution,and believes that the legislation should be improved for the transfer of equity and civil liability types.At the same time,it should clarify the applicable conditions of the company's personality denial system and strengthen the supervision of shareholders' capital contribution obligations.