Reflection Of Sentencing Impacting Conviction And The Purpose Of Punishment Of Equilibrium

Shareholders qualification is the basis on which the investor exercises shareholder`s rights and undertake shareholder`s obligations.“Double standards,differentiation within and without” is the basic principle to follow when identifying the qualification of dormant partner of the limited liability company.Specifically,inside the company,the qualification and distribution of stock stockholder`s equity between dormant partner and registered partner should be implemented according to the agreement if there is;if the agreement is inexplicit or there is no agreement,it should be judged by the substantial elements of qualification determination;for the relations outside the company,it should be determined according to the formal elements of qualification determination,that is to determine the registered shareholder`s qualification,and take the effectiveness of the business registration as the supreme.This thesis are mainly consists of following four parts:The first chapter mainly discusses the concept and characteristics of the implicit shareholders in the current theoretical circle,and briefly describes the classification of the anonymous shareholders.To study related theories,first of all,it is necessary to clarify the theoretical connotations and similarities and differences of the core viewpoints of the theory.After discussing the similarities and differences of the various theories and summarize them,and make clear the meaning of the anonymous shareholders in order to provide the premise for subsequent research.The second chapter mainly introduces the current background of the qualification of anonymous shareholders,including the background of laws and regulations at home and abroad,as well as the analysis of different theoretical doctrines.Mainlyelaborated three kinds of doctrines of China’s current qualifications for anonymous shareholders: First,in essence,investors who believe that the actual capital contribution and the form of corresponding shareholder rights should be recognized as shareholders of the company;secondly,it should be said that strict compliance should be observed.Principles of principle of appearance and appearance,negating the qualifications of anonymous shareholders,with prominent shareholders as the shareholders of the company;thirdly,it is believed that the “double standards,differentiated internally and externally” approach should be used to deal with the problem of identifying the qualifications of hidden shareholders.Finally,this chapter also makes a comparative study of the criteria for the determination of this issue,and introduces and analyzes the current laws and judicial interpretations in China.In the third chapter,because there are many cases concerning the identification of "hidden shareholder" qualifications in judicial practice,this is a great direction for the research on the path of "hidden shareholder" qualification accreditation.The author uses judgments of China’s Higher People’s Court in the case of the qualification of an anonymous shareholder as a guide.Through analysis and reflection on the case,the Supreme People’s Court sought to clearly present the requirements for the qualification of the “hidden shareholder” in the analysis process.The path of "hidden shareholder" qualification accreditation provides the basis for argumentation.The fourth chapter is mainly based on the above-mentioned various theories and doctrines,trying to find a more reasonable way to determine.First,the basic requirements for the qualification of an anonymous shareholder were put forward,and the qualification of the “hidden shareholder” was more standardized through a unified concept of identification.Secondly,in order to make their own conclusions on the path of shareholder qualification of “hidden shareholders”,they should follow the principles of preferential use of the form elements and the individual requirements of the substantive requirements.The starting point of the litigation process shall be used as the boundary,and the actuality of the investor shall also be integrated.Meaning means to consider.