《公司法》实施以来,对有限责任公司股东资格的认定以及相关问题,法学界和司法实务部门素有争议。笔者以现行《公司法》、司法解释以及最高人民法院案例裁判意见为依据,对此作一实证分析。一、股东资格认定的标准纵观法学界和司法实务部门关于股东资格认定标准的观点,概括起来有以下三种主张:一是全部要件说。这种观点认为,依据《公司法》的有关规范,认定股东资格应具备下述全部要件:(1)签署公 Since the implementation of the Company Law, there has been controversy over the legal status of the limited liability company as well as the issues related to the qualification of shareholders. The author based on the existing “Company Law”, judicial interpretation and the opinion of the Supreme People’s Court on case referee, an empirical analysis. First, the criteria for the qualification of shareholders Throughout the jurisprudence and judicial practice on the qualification standards for shareholders point of view, summed up in the following three claims: First, all the elements that. According to this view, based on the relevant norms of the “Company Law”, all shareholders should have the following qualifications: (1) sign the public