对于股权性质的定性可在逻辑上统一股东众多具体权利,继而在实践中引导各相关法律主体明确权利义务之归属。至今,学界提出了所有权说、债权说、社员权说、新债权说等主要学说。事实上,在纷繁复杂的市场环境下,以一种权利学说统领所有类型公司的所有股东权利并不科学。相反,对于股权性质只能从不同角度出发进行认定。而从指导实践出发,社员权说最具指导意义。 The nature of the ownership can be logically unification of many specific rights of shareholders, and then in practice guide the relevant legal subjects to clear the ownership of rights and obligations. So far, academics have put forward the main doctrine of ownership, say claims, member rights say, new claims and so on. In fact, in a complicated market environment, it is unscientific to claim all shareholder rights of all types of companies with a kind of doctrine of rights. On the contrary, the nature of ownership can only be determined from different angles. Starting from the practice of guidance, the most important guiding principle is the right of members.