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公司法被世界各国喻为最为动荡不安的法律部门,我国公司法在2008年出台之后,先后也由最高人民法院通过出台司法解释不断产生新的规则,《公司法》司法解释三明确规定关于隐名出资有关法律关系,确认了隐名协议的效力和隐名股东的合法权益以及对外效力等问题,但对于投资权益与股东权益的关系,股东权的最终归属等一一系列问题还是值得我们进一步的商榷。
Company law has been hailed as the most turbulent law department in all countries of the world. After the introduction of our company law in 2008, the Supreme People’s Court successively produced new rules through the introduction of judicial interpretation. The judicial interpretation of the “Company Law” clearly stipulated that " The legal relationship of capital contribution was confirmed, the validity of the anonymous agreement and the legitimate rights and interests of the anonymous shareholder and the effectiveness of the foreign shareholder were confirmed. However, the series of questions such as the relationship between the investment interest and the shareholders’ rights and the ultimate ownership of the shareholder’s rights still deserve our further Discuss.