On The Judicial Confirmation Of The Title Of Shareholders In Limited Liability Company

In recent years, with the increased of confirming disputes for the title of shareholder in limited liability company, how to reasonably solve the specific confirmation of the title of shareholder in this kind of company has been becoming a growing concern with the theory circle and practice circle. As the current legislation lacks a clear definition of the title of shareholder, and the Supreme Court has not issued a judicial interpretation concerning the unified standard of the title of shareholder confirmation, judges fulfill their duties respectively with multi-standard in judicial practice, the judicial authority has to some extent been undermined. Therefore, it is significance to research on the confirmation of the title of shareholders. This paper mainly study on the evidences’ efficacy and the referee rules of judicial confirmation of the title of shareholder in Limited Liability Company. Starting with the analysis of basic theory for the title of shareholders, further clarify the legal value of judicial confirmation of the title of shareholder, and based on the views compare cross boards, focused on the formal and substantial evidence for the title of shareholder, to take a legal analysis for evidence’s effectiveness like as the register of shareholder, the company association, records of the registration authority, actual contribution, certification of contribution, actual exercise of shareholder’right. Summed up the rules of evidence applicable for the judicial confirmation of the title of shareholder. And combining with judicial practice, conclude that the referee rules of the judicial confirmation for the title of shareholder. Take the view that when the court deal with the dispute for the title of shareholder, the first is to distinguish the nature of the dispute, analysis the dispute happed in or outside of the company. And then abide by the principle of autonomy of private law and representation of commercial law, exploring the real meaning of the parties. Using the applicable rules of evidence of "the preferential application of formal evidences and the exceptional application of substantive ones", according to the formal evidence or substantial one, make a fair and reasonable solution for the title of shareholders in limited liability company.