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有限责任公司股东资格的认定是股东行使股东权的前提。长期以来,由于我国公司法律制度不够完善,理论界对如何认定有限责任公司股东资格存在颇多争议。司法实践中,由于公司设立与股权转让过程中投资人的操作不规范,导致各地法院处理这类纠纷缺乏统一标准。因此,需要从理论上抽象与构建认定股东资格的一般标准,作为处理该类案件的指导准则。
The qualification of shareholders of a limited liability company is the prerequisite for the shareholders to exercise their shareholder rights. For a long time, due to the imperfect legal system in our country, theorists have a lot of controversy about how to identify the shareholders of limited liability companies. In judicial practice, due to the non-standard operation of investors during the process of establishment of the company and share transfer, there is a lack of uniform standards for courts in different places to handle such disputes. Therefore, there is a need to abstract and construct the general criteria for qualifying shareholders in theory as a guideline for dealing with such cases.