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近年来,随着我国金融、证券市场的迅速发展,加上相关法律不完善,实践中发生的纠纷不断增加,给司法审判提出了许多新的课题。在金安证券与中孚投资的出资纠纷诉讼案中,原告提出的诉讼请求涉及两个问题:一是原告的主体资格问题;二是被告的责任认定问题。它们不仅涉及程序法问题,也涉及实体的公司法人人格及其行为的理论和实践问题。(一)关于本案原告主体资格问题在本案中,金安证券的成立是基于1996年中国人民银行下
In recent years, with the rapid development of China’s financial and securities markets, coupled with the imperfect laws, the disputes that have taken place in practice are constantly on the rise. Many new issues have been put forward for judicial trials. In the litigation cases of investment disputes between Jin’an Securities and Zhongfu Investment, the plaintiff’s claim involved two issues: first, the subject’s qualification of the plaintiff; second, the defendant’s responsibility to determine the issue. They deal not only with the procedural law issue but also with the substantive corporate personality and the theoretical and practical aspects of its conduct. (A) of the plaintiff in the case of the main qualifications In this case, the establishment of the security is based on the People’s Bank of China in 1996