On The Confirmation Of The Shareholder Qualification Of The Cadre Shareholders

At present,China’s economy is in the situation of rapid development,the main driving force is the development of China’s companies.In the day-to-day operation of the company,a new type of shares,"dry shares",which refers to the parties do not make capital contributions to the company,but hold the shares of the company,and actually enjoy the rights of all or part of the shareholders.Although China’s company law has strict regulations on the way of equity capital contribution,in the economic life,due to some considerations,the managers or shareholders of the company hope that some people who have special resources will become shareholders,therefore,the company’s shares will be given free of charge to those with special resources,so that they become dry shareholders.Dry Shareholders do not directly contribute to the company,but because other shareholders advance capital,gifts and other acts,so that they have the company shares and enjoy the rights.At the same time,although the company does not directly access to funds,but the role of dry shareholders in other areas will benefit the company and other shareholders.However,there are some arguments against the existence of this special share,which hold that the failure of the shareholders to contribute capital to the company will lead to the problem of false capital of the company and harm the interests of the company’s creditors,therefore,dry shareholders should not enjoy the shareholder qualification.Analyzing the advantages and disadvantages of dry stock from the angle of company law,the advantages lie in that the company can obtain the benefits besides capital,the disadvantages lie in that the company needs to be more strict and standard in internal management,and prevent the occurrence of corruption.After the above analysis,because the company law belongs to the category of private law,in order to adhere to the principle of autonomy of will,the company should recognize the stockholder’s qualification and allow it to exist in the company,which is the embodiment of the freedom value of the company law.This paper analyzes the existing way and the qualification of the shareholders with the concrete situation.After the analysis,I think that the existence of the shareholders with the shares with the shares with the shares with the shares with the shares with the shares with the shares with the shares with the shares with the shares,we should make a comprehensive analysis on the basis of determining shareholder’s qualification,the agreement between the parties,the principle of determining dry shareholder’s qualification and all kinds of evidence.This paper first expounds the preconditions for the rational existence of the dry shareholders,and analyzes the forms in which they should exist.Secondly,on the qualification determination of the dry shareholders,it expresses some views on their standards,for the internal dispute of confirming the shareholder qualification,the substantive elements are preferred,while the formal elements are preferred when the interests of the third party are involved.At present,China has not formed a unified standard for determining the qualification of the principal shareholders,which causes the People’s Court to make different judicial decisions in similar cases based on the existing legal and judicial interpretations,this is not only not conducive to the unification of dry shareholder qualification standards,but also to a certain extent to damage the judicial authority.Since China’s legal system concerning the dried shareholders has been divorced from the social needs,it is necessary to discuss and analyze the qualification criteria for the dried shareholders in order to maintain the consistency of the principles applicable to the dried Shareholder Qualification,to provide practical guidelines and recommendations for judicial practice.