| Equity generation hold as a new form of investment is conducive to the further development of economy,our country didn’t generation to equity in the company law,the relevant provisions of the law the problems caused by the absence of cause for equity generation are not solved,legislators,provisions in the judicial interpretation equity generation the common cause of problems,but still did not touch the root of it.Equity entrustment itself involves multiple subjects and spans multiple legal systems.At present,the basic theory of equity entrustment in China is still controversial,so it is not easy to legislate to regulate the relationship of equity entrustment.But with the emergence of more and more equity entrustment,there are more and more lawsuits about it.Since equity entrustment involves very significant economic interests,the actual investors’ rights are more likely to be damaged.However,due to its concealment in entrustment,the protection of the rights and interests of the actual investors is difficult in practice,and there are few relevant legal provisions.Based on this,in order to enable investors to in a secure environment for their investment activities to achieve the purpose of encouraging investment in promoting economic development,but also in order to improve the study of generation of the system in our country,the author is going to proceed from the Angle of guarantee the actual investor rights and interests,and try to solve the problem of equity generation hold in many one of them.The author mainly divides the article into three parts.The article begins with the introduction of equity entrustment.The first part will briefly analyze the concepts related to equity entrustment and try to define the concepts,analyze the attribution of shareholder qualification and the identification of legal nature of equity entrustment in theory,and try to have a deeper understanding of equity entrustment.It also analyzes the relevant provisions on equity entrusting in China,summarizes the advantages and disadvantages,and hopes to find out the breakthrough point and legislative ideas for the protection of the rights and interests of actual investors.The second part summarizes all kinds of risks that the actual investor may encounter from the three stages of the equity entrustment relationship: before the establishment,during the continuation and after the end.The actual investor will not only face the default of the trusted shareholder,but also may be subject to the lack of legal provisions and the claim of the third party.The third part mainly answers the protection of the rights and interests of the actual investors from two aspects.One aspect is to perfect the risks proposed in the second part in a "point-to-point" way.Another aspect is to try to explore a new model to regulate equity entrustment,clarify the legal relationship,establish a complete legal system of equity entrustment and protect the rights and interests of the actual investors within the framework of the system. |
