A Study On The Shareholders' Qualification

It is self-evident that the study of shareholders'qualification is an important part in the theory of the corporation law. But it is a pity that we do not attach importance to this topic. This paper tries to discuss the topic theoretically and then expounds a few ubiquitous ideas about it. I wish these conclusions would be helpful for constructing a reasonable system of the shareholders'qualification. This paper is divided into five chapters.Chapter one is the review of the history on the shareholders'qualification. We cast back to the times of Roma law. Although at that time, the corporation did not exist, neither did the shareholder. In my opinion, the traveling is still valuable. The character of traditional culture affects the vicissitude of a system deeply. The review is helpful for us to understand the change of the corporation better.Chapter two analyzes the shareholders'qualification by standing on the position of humanity. Humanity is the most important basis to build a legal system. The freedom, equality and justice, which are the basic elements in the humanity, are the ultimate power to drive the development of the system of the shareholders'qualification. An animate system, in my opinion, must meet the need of humanity.Chapter three tries to explain why the basic value of the shareholders'qualification should be free in a point of sociology view. The theory here perhaps is so macroscopic that it cannot solve the practical problems precisely. But as long as it can give us a reasonable explanation, then its existence is valuable and is worthy of recognition. Here the theory is as important as the skill. Moreover, the usage of the method of sociology maybe can help us avoid the defect of the traditional method. Probably, it will show us another way leading to the achievement.Chapter four describes the rationality inherent in the shareholders'qualification at the point of law and economic view."Economic man"is a powerful weapon to disclose why we need a full set of system. As we know, individual rational conduct may lead to a disaster. So what should be paid much attention to while we are constructing a set of system, which has been regarded as the most efficient manager to control peoples'conduct? The theory of public choice gives us another resolution on how to deal with the terrible result caused by peoples'rational conduct.Chapter five specifies that how the justice and the quality come true in the system of the shareholders'qualification which regards the freedom as its mainly valuable judgment. Modern corporation theory claims that the corporation is a nexus of the contract. The spirit of contract is freedom. Why is the contract justice as long as it is signed equally? This is just the question this section tries to answer.