Differentiate And Identify The Effectiveness Of Abnormal Holdings

Equity holding is a relatively common investment method in commercial activities,and there are not a few cases involving equity holding in corporate disputes.Equity holdings represents the embodiment of the principle of private law autonomy.Because of its extensive use,the legality of equity holdings agreements is clarified in the "Company Law Judicial Interpretation III",but in recent years of equity holdings disputes,Courts often impose restrictions on illegal equity holdings cases based on violations of legal mandatory provisions,violations of public order and good customs,and legal evasion,leaving the effectiveness of equity holdings in an uncertain state.In the current legal system of our country,different entities hold different views on the issue of illegal equity holdings.Although the legislature has determined the validity of the equity holding agreement in the "Company Law Judicial Interpretation III",there are no specific regulations at the legal and normative level on the issue of whether the equity holding agreement can be used as an excuse to apply to the court for changing shareholder qualifications;In the process of handling illegal equity holdings,often in order to simplify the work process,the principle of negating the handling of illegal equity holdings is the principle.Can such simple and rude treatment without distinction reflect justice? Different from administrative agencies,judicial agencies have different ways of dealing with the issue of equity holdings,mainly from the judicial viewpoints of illegality,evasion,and public order and good customs.However,the understanding of the scope of mandatory legal provisions in violation of the law is insufficient,the neutrality of legal evasion behavior is not clearly understood,and the principle of public order and good customs is abused from time to time.We need to reflect on the theoretical support behind the court’s adjudication viewpoint.The first chapter is the legal risk of illegal equity holding.By sorting out the current situation of the risk of illegal equity holdings,it summarizes the existing problems of equity holdings under the current legal system in my country.Chapter Ⅱ Equity Violation and Holding Existing Differences of ViewBased on the summary of judicial judgments on illegal equity holdings,the differences of opinions on the validity of existing illegal equity holdings are listed,divided into the holdings that violate the mandatory provisions of the law,the equity holdings that implement legal evasion,and those that damage public order and good customs.Three aspects of equity holdings are discussed,based on the contract law part of traditional civil law theory,and a solution is sought.Existing viewpoints are looking for solutions from two perspectives: legislative theory and interpretation theory.Legislative theory cannot be completed in a short period of time.Interpretation theory needs to be based on the experience of judicial adjudication.Therefore,this article is based on the solution of validity in contract law from the perspective of interpretation theory,and is based on the principle of specificity of commercial behavior.Seek a solution.So as to expand the following text.Chapter Ⅲ Reflection on the Application of Illegal Equity HoldingBased on judicial judgments on behalf of equity violations,opinions on judgments based on evasion of the law,judgments based on violations of mandatory provisions of the law,and judgments based on the protection of social public interests,exist when the norms are applied To reflect on the issue.Whether it is legal evasion or violation of mandatory provisions of the law,the damage to the interests ultimately pointed to by the equity holding can be damage to the public interest.Therefore,we will analyze whether there is no boundary issue for equity that harms public interests,and clarify the scope and identification standards of public interests.Chapter Ⅳ The Path to the Standards for the Determination of the Effectiveness of Equity ViolationBy analyzing and distinguishing the necessity of determining the effectiveness of illegal equity holdings,based on the purpose interpretation and the methodology of interest measurement,the benign development of the legal relationship of equity holdings and the strengthening of cooperation between the judicial and regulatory agencies are used for illegal equity holdings.A new solution path is provided on the criteria for determining the effectiveness of the issue.