股份有限公司是指全部资本分为等额股份,股东以其所持股份为限对公司承担责任,公司以其全部资产对公司的债务承担责任的企业法人。股份有限公司是完全的资合公司,实行股份等额化和转让自由化对股东身份、资格和最高人数都没有限制,是现代企业制度最典型的形式。股份有限公司的性质决定了其所有权与经营权相分离、个人财产与企业财产相分离及资本可以依法自由转让的特点。然而实践中,由于种种原因及各自不同的目的,股份有限公司的股权转让受到了不少非法限制,从而出现了一系列相关的法律问题。 A company limited by shares refers to an enterprise legal person in which all the capital is divided into equal shares, the shareholders bear the responsibility for the company in the light of the shares they hold, and the company is responsible for the debts of the company with all its assets. A joint stock limited company is a fully funded company. The implementation of stock quotas and the liberalization of transfers have no restrictions on the identity, eligibility and maximum number of shareholders. It is the most typical form of the modern enterprise system. The nature of a joint stock limited company determines the separation of ownership and management rights, the separation of personal property and enterprise property and the free transfer of capital according to law. However, in practice, due to various reasons and their different purposes, the equity transfer of joint-stock limited company has been subject to many illegal restrictions, resulting in a series of related legal issues.