A Study On The Confirmation Rules Of Shareholders’ Qualification Under The Subscription System

The dispute of shareholders’ qualification confirmation refers to the dispute between shareholders,between shareholders and the company,between shareholders or between the company and the third party over the existence of shareholders’ qualification.In the case of "company related disputes" on China judicial document network,the case of "shareholder qualification confirmation dispute" is in the first place in this sequence,which shows the importance and foundation of the case.The determination of shareholder qualification is of vital significance to whether the parties are shareholders of the company,whether they enjoy the rights of shareholders and bear the responsibilities of shareholders.However,the current rules of confirmation of shareholders’ qualification are not clear,the evidence of shareholders’ qualification is diverse in judicial practice,and there is no unified standard for the confirmation of shareholders’ qualification,which causes many problems in the application of the rules,and the judges are also very confused about how to determine and divide the evidence of President Lin.By improving the confirmation rules of shareholder’s qualification to restrict the judge’s greater discretion in such cases,we can not only solve the above problems,but also give full play to the normative and guiding role of company law in market economic activities,promote the steady development of economy,and promote the optimization of our state-owned business environment.Based on the subscription system,this paper makes an in-depth study and analysis of the confirmation rules of shareholders’ qualification,analyzes the causes of the above problems from the starting point,including the provisions of the confirmation rules of shareholders’ qualification and the application process,and further puts forward specific suggestions for improvement.Meanwhile,it draws useful experience from other countries to enrich the theoretical support for the improvement of the confirmation rules of shareholders’ qualification Try and explore the specific path to improve,clarify the application of evidence in the dispute of shareholder qualification confirmation.