A Study On Legal Problems Of Lawsuit About Enforcement Nominee Holdings

Equity holding refers to the situation where the actual investor contributes capital and the nominal shareholder holds the equity on behalf of the shareholder.This legal effect of separating appearance rights and real rights makes the legal relationship involved particularly complicated.Among the lawsuits against the execution of equity holdings,the issue of whether to give priority to protecting the actual investors or the creditors of equity holdings is the most controversial.The same applies to Article 32,paragraph 3 of the "Company Law",but the judges are divided on whether the commercial appearance doctrine theory behind this clause can be applied or not,and they have greater discretionary powers,which has led to the status quo of different judgments in similar cases in judicial practice..The high rate of appeal,the rate of revision,and the differences in adjudication have seriously affected the judicial authority and the fair image of judicial trials.Current legislation should be refined,the rules of adjudication should be clarified,and the interests of all parties should be balanced.One is that in the execution of objections to the equity holdings,the principle of substantive review shall be adopted for the judgment of the ownership of the equity involved.If the actual investor can provide sufficient evidence to prove that the actual investment is made,and the holding agreement is legal and valid,the equity shall be confirmed The actual investor enjoys it.Second,the third party protected by commercial appearance doctrine is limited to the transaction field,which is more in line with the purpose of commercial appearance doctrine.Based on this,appearance doctrine should not be applied to the judgment of such cases.That is,the third party should be limited to the third party who has the equity transaction with the equity holder.The first part of this paper is the introduction of cases.Through the commonality of the case and the difference of judgment in typical cases,the object of this article is drawn.The second part is the analysis of the status quo of justice and its causes.Starting from the status quo of justice,it analyzes case data,summarizes the focus of disputes and differences of opinion,and then raises questions,and then analyzes the reasons for the differences in judgments.The third part is a legal analysis.Through the current legal norms and related legal theories,it analyzes the ownership of equity holdings,the scope of application of commercial appearance doctrine,the scope of third parties,and the "civil rights and interests sufficient to exclude enforcement" to clarify the actual situation.In principle,investors should give priority to protection.The fourth part puts forward suggestions,suggesting that the current legislative rules should be refined to unify the judging thinking,and at the same time,under the premise that the actual investor should be protected first,the principle of fairness should be appropriately applied to protect the creditors,and In order to deal with more and more complicated problems caused by equity holdings,the advantages of the trust system can be used to regulate equity holdings.