股东资格取得制度在司法实践中存在颇多争议,但并未引起公司法学界的关注,这方面的论述是少之又少。通过公司瑕疵设立行为是否导致设立无效,当事人私下协议与工商登记的效力位阶,挂名股东资格应否肯定等问题的分析,得出处理股东资格纠纷的一般原理,并提出具体处理办法。 There are quite a lot of controversies in the judicial practice of the system of obtaining shareholder qualifications, but it has not aroused the attention of the corporate jurisprudence. There are only a few explanations in this respect. Through the analysis of whether the act of establishment of defective company leads to the establishment of invalidation, the private agreement of the parties and the level of validity of business registration, the qualification of nominal shareholders should be affirmed and so on, the general principle of dealing with disputes of shareholder qualifications and the specific measures are put forward.