| Company is a form of economic organization in today’s society.With the orderly development of market economy,there are a large number of legal acts of dormant investment in China’s judicial practice.However,there are few provisions on the qualification of dormant shareholders in China’s current law,which makes it often appear in judicial practice that there are conflicts between the judge’s judgment on the qualification of dormant shareholders of the same nature,resulting in the parties’ rights and interests can not be well protected.In order to protect the legitimate rights of the parties,ensure the high-quality and stable operation of the market economy,and maintain the authority of China’s socialist rule of law,it is necessary to systematically explore the issues related to the identification of dormant shareholders.This paper will start from the theory of dormant shareholder identification in the legal circle,combined with the real cases in the judicial practice of our country,through the use of case analysis,empirical analysis and other methods to study the identification of dormant shareholder qualification.This paper is divided into four parts.First,through the use of empirical methods,this paper makes a detailed analysis of the use of the concept of dormant shareholders and the causes,and makes an in-depth study of the principles of shareholder qualification and the significance of dormant shareholder qualification.It also analyzes the theory of the qualification of dormant shareholders.Through the overview of the relevant basic theory,it paves the way for the following questions.Secondly,it combs the status quo of the identification of dormant shareholders’ qualification and discusses the specific problems existing in the identification of dormant shareholders’ qualification,mainly including the absence of provisions on the identification standard of dormant shareholders’ qualification,the lack of supporting legal provisions on behalf of shareholding agreement,the frequent occurrence of the interests of all parties,the simple and rough legal provisions on the explicit elements of dormant shareholders,and the lack of specific analysis of specific circumstances.Thirdly,it analyzes the relevant legislation and regulations on the qualification of dormant shareholders and the equity trust system.At the same time,it analyzes the reference of the equity trust system to solve the problem of the identification of dormant shareholders in China.Fourthly,according to the problems raised in the second part,the author puts forward the standard of "form exception theory" based on the existing laws and regulations in China,focusing on China’s national conditions,rooted in the soil of the rule of law in China,and learning from foreign advanced experience.The author uses the trust system to regulate the proxy shareholding agreement,and uses the equity trust contract to balance the legal relationship between the parties,In addition,the explicit requirements of dormant shareholders should be specified. |
