A Study On The Protection Of The Actual Contributor’s Rights And Interests In Shareholding

With the rise of China’s capital market,equity proxy holding has gradually been favored by various market entities,especially natural persons.It has the advantages of reducing financing costs,avoiding legal restrictions,and meeting the demand for anonymity.Therefore,it has sprung up in various equity investments across the country for more than ten years.For investors,it provides investors with an investment way that is not controlled by the current laws,and it builds a portable bridge between investors and financing companies.For a company,it can absorb the investment of various social entities to the maximum extent and increase the company’s capital.However,the relevant provisions of China’s legislation on equity proxy holding are not perfect and systematic,and only a few judicial interpretations and the Minutes of the Nine People have made scattered provisions,resulting in the lack of relief and protection channels for the actual investors in China’s equity proxy holding,and the resulting disputes over equity proxy holding are increasing year by year.This article is mainly about how to protect the rights and interests.There are five parts.The first is the foreword,which explains the background and problems,,and reviews the literature.First of all,it explains the background of the generation of the equity holding system,and then leads to the plight of the protection of the rights and interests of the actual investors.Secondly,through the literature review of equity holding at home and abroad,compare different academic views on equity holding,especially the protection of actual investors in equity holding,and lay a theoretical foundation for the next discussion of equity protection.The second is about the statistics of judicial documents and the differences between judges.Based on the statistics and analysis of the sample cases,the trend of the actual contributor’s rights and interests protection cases in the equity proxy holding is obtained.Through the analysis of the typical cases,the judgment differences of the shareholder qualification confirmation dispute cases,the shareholder’s unauthorized disposal of the proxy holding equity cases,and the proxy holding equity enforcement cases are analyzed,thus providing practical case support for this view.The third is the analysis of the causes of the plight of the judicial protection of the rights and interests of the actual investors.From the literature review and the judgment differences,we can draw the conclusion that it is very difficult to protect the rights and interests of the actual investors at present.They also face many risks while enjoying the dividends of the proxy holding system.The actual investors are mostly in a weak position in the case of equity proxy holding disputes.Through the analysis of the causes of the judicial protection dilemma,we can provide dynamic support for the improvement of the actual rights and interests protection path.The fourth discusses the theory of legal rights protection again.By further analyzing the advantages and disadvantages of the existing popular theories,clarifying the theory of the shareholder qualification of the actual contributor and the theory of the legal nature of the equity holding agreement,exploring the theoretical support for the protection of the rights and interests of the actual contributor of equity holding,and laying a theoretical foundation for putting forward suggestions on the protection of the rights and interests.The fifth is the suggestions for the improvement of the judicial rules for the protection of rights and interests.By determining the relevant principles and putting forward the relevant institutional rules,the core of the research on the protection of the rights and interests of the actual investors in this paper will be returned to the improvement of the judicial rules.