| For a long time,the Chinese party and the state as well as the whole society have paid close attention to the issue of civil enforcement in the judicial field.The problem of “the Difficulties in Enforcement” has complex institutional reasons and profound practical factors,but the solution to “the Difficulties in Enforcement” has become a society.consensus.In the implementation of difficult problems,the implementation of the company’s shares held by the executor has been subject to theoretical and practical attention.Because with the continuous deepening of China’s market economic system,China’s corporate law theory and practice have also achieved unprecedented development,and the situation in which the executives hold shares is becoming more and more common.However,the research on the enforcement of the company’s shares is mainly focused on the research on the shareholding system of the limited liability company,while the one-sided view that the shareholding problem of the company limited by shares is clear and does not require much attention.The author does not agree with this view.From a practical point of view,China’s "Company Law" and the judicial interpretation related to enforcement have clearer regulations on the shares of listed companies,and there are clearer operating procedures.However,listed companies are only one of the types of joint stock companies,and listed companies in the market are not the main types of joint stock companies.On the contrary,non-public limited stocks are the main types of the market,but the shares of non-public limited companies.Enforcement problems have not been well regulated.To effectively solve this problem,the author believes that it is necessary to explore and determine related issues in combination with the theory of enforcement law and judicial practice.Therefore,this paper discusses the procedural issues of the enforcement of shares from the perspective of non-public companies.The author begins with the implementation of the shareholding procedure,and analyzes the issues of share control,price determination,and execution order in China’s share enforcement procedures by comparing the enforcement procedures of Japan,France,and the United Kingdom.Through analysis,the author believes that the share enforcement procedures are still unable to meet the needs of the implementation of the new era,and some procedural norms have gaps and lags.In view of the problems existing in the existing procedures,the author puts forward some suggestions for perfecting the procedures for enforcing the shares of China’s compulsory company from the perspectives of legislation.The full text consists of seven parts,totaling more than 30,000 words.The first part of the author has made a realistic analysis of the problem of studying the enforcement of the shares of the company limited by the actual implementation of the " the Difficulties in Enforcement" and the implementation of the work of the courts in China in recent years.The stock as a new property has become an important part of the implementation.The author tries to establish a certain new path,new way and new thinking for solving the " the Difficulties in Enforcement" based on the basic procedures and existing problems in the implementation of the shares of the company in judicial practice;In the second part,the author starts with the concept of enforcement and the legal nature of the shares of the company,and analyzes the legal facts of the enforcement of the shares.By analyzing the legal consequences of the enforcement of the shares of the company,the authors clarify the enforcement of the shares.The impact of the rights and interests of the parties,laying the theoretical foundation for the in-depth study of the enforcement of shares;The third part is based on the legal principle of enforcement law.Through the implementation of the principle of timeliness,the implementation of beneficial principles,and the implementation of the principle of proportionality,the author has envisaged the due process of the enforcement of the shares of the company’s shares.A comparative analysis of the implementation of China’s reality;The fourth part of the author from the perspective of China’s current legislation,combed the existing law on the enforcement of the company’s shares of the legal procedures,and the implementation of the implementation of the shareholders’ qualifications,the implementation of objection relief and the application of enforcement measures The three issues affecting implementation were analyzed and discussed in a focused manner,and on this basis,the difficulties encountered in the formulation and implementation of the law and in the actual operation were analyzed.The fifth part of the author conducted a preliminary study on the enforcement system of Japan,France and the United Kingdom.Through the study of the implementation system of the above three countries,combined with the actual development of China,from the perspective of efficiency,justice and rights protection,the enforcement procedures of China’s shares.Perfection to provide ideas for extraterritorial law;In the sixth part,the author starts from the five aspects of formulating special enforcement procedure law,effective control of shares,execution order of responsible property,binding mechanism of illegal behavior and accountability mechanism,and optimization of auxiliary implementation system.The procedures for the shares propose perfect suggestions. |
