试析我国股权的性质

Discussion on the Character of China's stock ownership

关于股权性质的定位学界一直众说纷纭,在我国主要存在债权说、所有权说、社员权说、法律地位说和特殊民事权利说等五种观点。前四种观点虽然都有一定的优点,但由于其学术理论早于股权成型,不免产生了一些难以克服的缺陷和问题。而特殊民事权利说,虽为新生学说,尚不甚成熟,但更符合股权性质的实际情况,是今后研究和发展的方向。

Academic circles hare various opinions about the definition of tharacter of stock ownership, of which there five kinds of opinions widespread in China, creditor＇s rights, ownership, rights of membership ,legal status and special civil rights. Though the first four opinions have certain advantages, there are still some insurmountable deficits and problems as the academic theories are imvented earlier than the formation of stock ownership. Thongh theory of special civil rights is new and immature, it is more applicale to the practical situation of character of stock ownership and the direction of future research and derelopment.