Research On The Theory And Practice Of Equity Enforcement In My Country

As a kind of special property,equity is inevitably different from ordinary property.However,China's current legal and judicial interpretations have fewer relevant provisions and lack specific and detailed rules'In addition,the enforcement of equity is only attributed to one of the enforcement measures.It does not have appropriate rules based on its particularity and complexity.There are many deficiencies in the construction of legislation and institutions.Starting from the basic theory of equity enforcement,the author puts forward suggestions on the aspects of procedure improvement and system construction on the basis of analyzing the general and special problems encountered injudicial practice.The first chapter discusses and introduces the basic theory of equity enforcement.Firstly,this part defines the basic concept of equity enforcement.Secondly,it analyzes the connotation and nature of equity.On this basis,it demonstrates the legitimacy and rationality of the equity enforcement system.Then,the basic principles of equity enforcement are summarized from the object and scope of implementation;finally,the development of laws and regulations for domestic equity enforcement is studied,and the general rules of equity enforcement are summarized in combination with current judicial practice.The second chapter,from the perspective of procedures,focuses on the general problems in the three procedures of equity identification and confirmation,equity jfreeze procedures and equity compulsory auction.First,it clarifies the basis for the determination in the equity identification and confirmation stage and the effectiveness of the relevant equity transfer restrictions.Secondly,it clarifies the effective organs to assist in the handling of the equity freeze,and discusses the disputes and supervision of the rights freeze on shareholders and companies.The problem of the lack of subject;Finally,on the basis of the online auction rules,the legal application rules in the equity judicial auction,the legal risks of the bidders and the priority of the shareholders are discussed.The third chapter,from general to special,discusses the issues involving special equity and special enteiprises in eqdty enforcement.Firstly,it clarifies the executable value of the equity contribution and the subject of the supplementary capital contribution;secondly,it discusses the ownership dispute in the enforcement of the hidden equity;again,explores the debt settlement of the legal person shares and the implementation of the bankruptcy mechanism;The implementation of stocks of listed companies is categorized by tradable shares and restricted shares.In addition,the issue of administrative approval and joint venture party consent in the execution of joint venture equity is discussed.Finally,part of the execution and duplex of a limited company equity is explored.The legality of the limited company.The fourth chapter is aimed at the difficulty of equity execution.On the one hand,from the perspective of system construction,it puts forward the systematic thinking of the mandatory enforcement rules of equity,including legislative and judicial practice,and also proposes the value concept of equity execution.On the other hand,it puts forward specific improvement measures and introduces the mandatory takeover system of equity to control the scope of the effect of equity freezing.Combined with the effect of online judicial auction,it proposes to establish a platform for online equity auction specialization to improve the auction transaction rate;Special and difficult issues in the execution of equity.