Research On The Determination Rules Of The Jurisdiction Court Of The Dispute Cases Of Equity Transfer

In recent years,the number of litigation cases caused by the transfer of company equity has increased by leaps and bounds.In equity transfer disputes,the majority of litigants raise objection to jurisdiction,but the company law and civil procedure law have no clear provisions on the jurisdiction rules of such cases.However,the determination of the jurisdiction court of dispute cases is the first problem to open the trial procedure to solve disputes.Therefore,it is particularly important to analyze the types of cases and determine the rules of jurisdiction.Due to the special subject matter,equity transfer dispute cases seem to be closely related to the company.In fact,the occurrence of such disputes does not involve the organizational behavior of the company,but is based on the equity transfer agreement.Due to one party’s breach of contract,the agreement can not be performed normally,which belongs to the scope of contract law.Therefore,the dispute case of equity transfer does not belong to "litigation related to the company",but belongs to a special contract dispute.Secondly,for the jurisdiction of such cases,the special regional jurisdiction rules of contract disputes should be applied.If there is an agreement,it should be followed.In addition,it should be determined by legal rules.Because there is no uniform standard for the determination of the jurisdiction court in law and practice,this paper tries to sort out the determination rules of the jurisdiction court in the case of equity transfer disputes,so as to provide reference for the specific operation of judicial practice.This paper is divided into four parts through the specific analysis of cases and related literature.The main contents of the text are summarized as follows:The first chapter focuses on the case and the focus.Choosing "other contract dispute case of Lanzhou Wanjia Real Estate Co.,Ltd." and other three cases,we can clearly see that the Supreme People’s court has different opinions on how to determine the jurisdiction of equity transfer dispute cases,which leads to different reasons for their decisions: some believe that equity transfer dispute cases belong to the litigation related to the company,which is governed by the people’s Court of the company’s domicile Some believe that the case belongs to a contract dispute,which shall be subject to the jurisdiction of the people’s Court of the place where the defendant has his domicile or the people’s Court of the place where the contract is performed.Based on the legal issues reflected in such cases,the author summarizes the focus issues related to the cases.The second chapter focuses on the analysis of the focus problem.Firstly,the author makes it clear that the dispute case of equity transfer does not belong to exclusive jurisdiction,and does not belong to "company related litigation";secondly,the dispute case of equity transfer is essentially a special type of contract dispute,and the parties can determine the court of jurisdiction by agreement;if the agreement is not agreed or the agreement is unclear,the people’s Court of the place where the defendant has his domicile and the people’s Court of the place where the contract is performed have jurisdiction Finally,it analyzes the characteristics and rules of the place of performance of the contract.The important content of the third chapter is based on the above jurisprudential analysis,it is concluded that the equity transfer dispute case does not belong to "litigation related to the company",and its jurisdiction court is determined by the special rules of contract disputes.In the case of actual performance,for the determination of the place of performance of the contract,if there is an agreement between the parties,the agreement shall be followed,if there is no agreement or the agreement is not clear,then If the transferor of equity requires the transferee to pay the debt agreed in the agreement,the place of performance of the contract is determined as the location of the party receiving the currency;if the transferor of equity requires the transferor to perform the obligation of equity transfer,the place of performance of the contract is determined as the location of the party performing the main obligation,which will coincide with the residence of the defendant.According to some specific problems existing at present,based on China’s national conditions,the author puts forward the relevant legislative suggestions to adjust the "cause of action provisions" and improve the types of disputes and determine the jurisdiction by it.