相对于经济学领域中对于股权的认知和实务操作来讲,在法学领域对股权及其性质进行抽象概括就略显困难了。这种困难主要表现在两个方面:首先,尽管很早就有众多民商法学者参与股权概念的研究,但对于该概念的认定法学界仍然没有较为统一的观点,且我国《公司法》也没有明示股权的概念。其次,从民法传统的权利分类上来讲,股权应该如何归类也较为尴尬,股权到底是物权、债权、社员权还是一种新型的权利仍然具有分歧。 Compared with the cognition and practice of stock right in the field of economics, it is a little bit difficult to abstract the equity and its nature in the field of law. This difficulty is mainly manifested in two aspects. First, although many scholars of civil and commercial law were involved in the study of the concept of equity early on, there is still no unified opinion on the concept of legal profession and there is no “Company Law” in our country Clearly the concept of equity. Second, from the perspective of the classification of the traditional rights of civil law, it is awkward to classify the equities and whether the equity is real rights, claims, membership rights or a new type of rights still have differences.