The Predicament And Way Out Of The Adjudication Of The Action Of Execution Objection On Behalf Of Shareholding

As an important participant in the socialist market economy,companies are favored by investors due to their limited liability.Some investors want to stay behind the scenes for various reasons,and proxy holding of equity has become an important means.It is agreed that the actual contributor will make the capital contribution,and the equity formed after the capital contribution will be registered in the name of the nominal shareholder through the carrier,which will be held by the nominal shareholder on behalf of them,resulting in numerous disputes.One of the many disputes is the lawsuit of executing dissent on behalf of the shareholder.The creditor of the nominal shareholder brings a lawsuit to the court due to a dispute with the nominal shareholder,and after obtaining a successful judgment through trial and verification,applies to the enforcement court for compulsory enforcement of the equity under the name of the nominal shareholder.The outsider will raise an enforcement objection against the subject matter of the enforcement as its actual contributor and submit it to the court for review.The court generally focuses on formal review in the enforcement objection,that is,identifying the ownership of the equity through industrial and commercial registration,and generally does not support the application of the outsider,Very few courts will conduct substantive reviews to identify the holding relationship and support requests from outsiders."If an outsider or enforcement applicant is not satisfied with the result of the enforcement objection ruling,they may file an enforcement objection lawsuit with the court.The court has inconsistent understanding of the scope and scale of the review,has difficulties in identifying the equity holding relationship,and has not yet formed a unified standard for supporting the actual contributor or nominal shareholder creditor,and the reasons for adjudication by courts at all levels in different regions are also different.".There is also considerable controversy in the academic community over this issue,and it is extremely necessary to further strengthen the research on the lawsuit of objection to the execution of proxy holdings.This article is divided into six parts,which includes statistical analysis of dissenting actions against proxy holding and discussion of typical cases.The introduction part mainly explains the necessity of selecting a topic and introduces the current research situation at home and abroad to explain the research value of the topic,and then introduces the specific research methods used in this article,pointing out the innovation and shortcomings.The first chapter is a statistical analysis of relevant judicial documents,providing an overall introduction to the judicial practice of executing dissenting actions on behalf of shareholders through data,and then sorting out and analyzing the controversial points and viewpoints of typical cases.The second chapter summarizes the dilemma of adjudication of dissenting actions against proxy holding,which is mainly reflected in three aspects: the scope of review,the determination of the relationship between proxy holding and the protection of the rights of actual investors and nominal shareholders’ creditors.The third chapter analyzes the reasons for the dilemma in the adjudication of the objection to the execution of proxy holdings,including the unclear nature of the objection to the execution of proxy holdings,the unclear relationship between proxy holdings,which makes it difficult to identify the relationship between proxy holdings,and the lack of rules for determining the conflict between the rights protection of actual investors and nominal shareholders’ creditors.The fourth chapter forms the way out of the lawsuit against the execution objection of proxy holding.The first is to unify the scope and scale of the litigation examination of the execution of the dissent of proxy shareholding to identify the actual right holder by substantive examination.The second is to improve the legal system of equity entrustment to provide basis for judgment.The third is to clarify the applicable rules of the litigation adjudication of the execution of the dissent of proxy holding.In the conclusion part,it summarizes the difficulties and causes of the adjudication of the dissenting lawsuit on behalf of shareholders,improves the legal system of the relationship between shareholders and shareholders,establishes unified rules for the application of laws,and forms a conclusion that the protection of the rights of actual investors takes precedence over the protection of bona fide third parties under the principle of non commercial appearance.