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近几年来,随着市场经济的健全与完善,人们在经济领域的交往与合作也日趋频繁,特别是在公司存续过程中,经常可能发生股东之间或股东与非股东之间进行股权转让的情况,从而引发的股权转让纠纷案件也日益增多。其中大多数案件涉及的是有限责任公司股东之间或股东与非股东之间的股权转让合同的效力问题。但是,由于立法上的疏漏,以及制度设计及其他方面的原因,在审判实践中遇到了一些疑难问题。在此,笔者试图在总结、分析此类案件的基础上对这些问题进行剖析、研究,以期为更好地审理此类案件及完善立法提供一点思路。
In recent years, as market economy has been perfected and perfected, people’s exchanges and cooperation in the economic field have also become more and more frequent. Especially in the process of the existence of the company, it is often possible for shareholders to transfer equity between shareholders or non-shareholders , Resulting in the transfer of equity disputes are also increasing cases. Most of these cases deal with the validity of contracts for the transfer of equity between shareholders of limited liability companies or between shareholders and non-shareholders. However, due to the omission of legislation, as well as the system design and other reasons, some difficult problems have been encountered in the trial practice. Here, I try to analyze and analyze these cases based on the analysis of these issues, in order to better deal with such cases and improve the legislation to provide a little idea.