On Legal Identity Of Shareholder's Qualifications In Limited Liability Comqanies

In the judicial practice, the problem of how to identify the shareholder qualification of the limited liability company is usually involved in the trial of company law disputes,and cases such as the dispute of the confirmation of the shareholder power, the dispute of stock rights transfer and the investigation of defective contributive responsibility of the company creditor etc. all directly get involved in the legal identity of the shareholder qualification.However there aren't direct provisions on shareholder qualification of the limited liability company according to《Company law》in our country,and plenty of controversy still exsits in the theories field. In the judicatory practice,so irregular operation of the investors in the process of the company establishment and stock rights transfer causes the result that it's hard to judge the shareholder qualification from the factual and legal perspection,which brings a hard nut to crack in the judgment.Hereby, this article holds a foothold to combine the theories and the fulfillment, and concretely analyze the contents including the creation of the shareholder, the obtaining of the shareholder qualification,the idea-expressing symbol of the shareholder qualification and the principle of how to deal with the specific dispute of the shareholder qualifications and so on,longing for making a conclusion of scientific regulations of arbitrament.This article is totally divided into four parts.The first part: basic theories of shareholder and the qualification of shareholder,legal meanings and basic principles of the confirmation of the shareholder qualification;The second part: analysis the proof of the confirmation of shareholder qualifications;The third part: basic ideas and regulations of arbitrament to affirm the comfirmation of shareholder qualification according to types of disputes;The forth part:the affirmation of special shareholder qualification.