论有限责任公司股东资格之认定-经济法专业论文.docxVIP

AB AB STRACT The level of protection of the right of shareholders is a touchstone to test the maturity and justice of a countrys law．While protecting the rights of shareholders is the primary prerequisite for qualification as discern who is the company’S shareholders．Shareholders qualification confirmation related to the rights allocation and responsibilities sharing of the investors in the company which acts as a connection point of the legal relationship．Shareholders qualification confirmation mainly occurred in the limited liability company．Shareholders qualification is the preliminary issues of a series of disputes in cases such as shareholder voting rights，the right to know,the claim of profits distribution．However, due to the existence of loopholes in legislation，competing for equity is more common in the practice of company law in recent years．Even new ¨Company Law¨failed to implement an effective solution to this problem． From theright path and the relief path¨to start，by using the¨values and norms caring care”method of analysis and standing on the¨law interpretation¨position， this paper will discuss issues such as shareholders qualification and its obtain，basic principles，evidence and specific rules of the shareholders qualification confirmation，improvement of the shareholders qualification confirmation confirmation systems in the limited liability company． In this paper the qualification cognizance of the shareholders than a legal operation technique problems，but rather a legal philosophy of law, this question，the correction in illegal activities，the essential feature of the form and the effect on the arrangement of company,in the interests of all parties to center on the subj ect should be taken into consideration，the balance of the company law and the dual nature of exchange，adhere to the”heavy form，light entity¨concept，adhere to theformal evidence for general priority,and substantial evidence for individual exceptions to the principle of’，is a limit