论股权性质简

股权为基于股东资格所获得的,依据《公司法》和《公司章程》对公司享有的经济利益和参与公司管理的权利.理论界对股权的性质认识不一,通说认为股权是社员权,但社员权理论存在诸多的缺陷.股权本质上应属于一项独立的财产权,既非物权也非债权,而是以财产权为核心构建的一系列权利的集合体.作为一种新型独立的财产权,股权不但具有物权的占有、使用、收益、处分的权能,而且还具有基于股东地位而享有的为维护股权合法利益而存在的一系列辅助权利的权能.

On the Nature of Stock Ownership

Based on the qualification of shareholder, an equity right is obtained based on the company law and the articles of association of the company, which enjoys the economic interests and participate in the company management. The theory about the nature of the stock is not one, the common views think that the right is of members equity. But there are many defects in the member right theory. Equity essentially belongs to an independent property right, neither real right nor claims, but the construction by collection of a series of rights with property right at the core. As a new type of independent property rights, equity not only has the right of possession, use, income, dispose of the power, but also has the rights based on the status of shareholders for a series of auxiliary right to legitimate interests of the right of ownership. safeguard the legitimate interests of the right of ownership.