Research On The Legal Issues Of Protecting The Rights And Interests Of Anonymous Investors

At present,the market economy is developing deeply,the commercial behavior is becoming more,and the form of commercial investment is more abundant,.Anonymous investment tends to be universal,which can not only achieve the purpose of property appreciation for anonymous investors without being known by others,but also give material help to the establishment and survival of the company,The degree to which the rights and interests of anonymous investors are protected has great influence on the relationship between anonymous investors and the development of companies..Although the protection of the rights and interests of the anonymous investors is involved in the company law and related judicial interpretation in our country,there are loopholes and ambiguity in the regulations,and the guidance for the judicial practice is low,which leads to the dispute of the anonymous investors,and the rights and interests of the anonymous investors can not be effectively protected.Based on the present situation of China's hidden capital contribution regulations,this paper discusses the protection of the rights and interests of the anonymous investors,hoping to contribute to the judicial theory and practice.This paper consists of four parts.The first part is an overview of the protection of the rights and interests of anonymous investors,expatiates the meaning and classification of anonymous investors,the causes of anonymous contributions,and analyzes the significance of the protection of the rights and interests of anonymous investors from the perspective of protecting the autonomy of private law,preventing the legal risks of anonymous contributions and promoting economic benefits.The second part is the legislation and evaluation of the protection of the rights and interests of anonymous investors in foreign countries.From the common law countries and the civil law countries,in the domestic system of protecting the rights and interests of anonymous capital contribution,we can draw lessons from the mode of equity trust,consider the perfection of the procedure of anonymous capital contribution,and pay attention to balancing the interests of anonymous investors,companies and interested parties.The third part is the relevant provisions and existing problems of the protection of the rights and interests of anonymous investors in China.The protection of the rights and interests of anonymous investors in China is mainly stipulated in the provisions of the Supreme People's Court on the application of the company law of the people's Republic of China(3),which mainly involves the validity of anonymous investment agreement,transformation from anonymous investor to notable shareholder,and the non real time responsibility of investment.The current legal problems include the unclear legal protection mode of anonymous investors,the regulation of anonymous contribution agreement is lack,and the rights and interests of anonymous investors are vague.The fourth part is the suggestions on the protection of the rights and interests of anonymous investors in China.Combined with the experience of foreign countries and the legal status quo of the protection of the rights and interests of anonymous investors in China,this paper puts forward the introduction of the anonymous investment equity trust system,first introduces the meaning of the anonymous investment equity trust system,then analyzes the necessity and feasibility of the introduction of the anonymous investment equity trust system,and finally analyzes the anonymous investment equity from the perspective of the establishment,the rights of anonymous investors,registration and termination.The trust system is designed.