Research On The Legislative Issues Of Equity Holding

In today's society,with the rapid development of economy,people's ways of participating in economic activities are becoming more and more diversified.More and more people take the way of equity ownership to participate in it,which is highly praised by many people who have special reasons for inconvenience in holding equity.However,equity ownership emerges as a kind of late-development affairs,and there are still many legal provisions matching it at the legislative level.Therefore,in practice,there are a lot of disputes arising from the signing of equity ownership agreements.After the Supreme People's Court promulgated the Interpretation(3)of Company Law,some disputes arising from the equity ownership agreement were resolved.It can be seen that the national legislature has noticed that the equity ownership behavior may cause instability among citizens and between citizens and companies.Although the state has taken a positive attitude towards this issue,due to the complexity of the legal relationship involved in it,the current legislative situation still needs to be improved if we want to bring its rules into full play within the scope of both legitimacy and rationality,accelerate the flow of funds,promote the positive role of economic development and suppress its negative role.We need to conduct a more in-depth study on the behavior of stock ownership.On the one hand,we need to analyze the various complex legal relationships that may be involved in the behavior of stock ownership,and think about the imperfections of legislation.On the other hand,we need to examine and draw on the relevant reasonable experience of foreign stock ownership system to provide theoretical guidance for the follow-up legislative activities in China.Because of the perfect development of trust system in common law countries,trust system is often used in solving the problem of stock ownership.On the issue of shareholder qualification,the list of shareholders is usually used as the criterion of identification.Only those who are recorded in the list are the shareholders recognized by law.In German civil law system,strict public trust system of company registration is adopted in the identification of shareholders' qualifications.Japan's legislative attitude towards this issue is reflected in the difference between internal and external relations.In internal relations,it respects the spirit of autonomy of the will of private law.In external relations,it also regards the register of shareholders as the standard.This paper attempts to explore the legislative issues of equity ownership.The author believes that equity ownership behavior should be determined as an independent and complete system in China's company law and other relevant laws.From this point of view,by investigating the current legislative situation and specific national conditions of our country,and combining the experience of foreign legislation,it is proposed that the criteria for determining shareholder qualification should be applied after the absolute pursuit of substantive and formal elements in the revised compromise.In addition,in the follow-up legislative process to regulate the behavior of stock ownership in our country,it is conceived that the legal rights and interests of the subject of the relationship of stock ownership and the bona fide third party can be protected by establishing the system of contract of stock ownership and bona fide acquisition of stock ownership.