중국법상 명의차용 외국인 투자자의 법적 지위

With the development of economy, dormant investment disputes, especially foreign field of dormant investment disputes, have emerged in endlessly. But as a result of the lag of legislations, China's courts' standard differed among courts at various foreign dormant investment disputes, so got into confusion for a long time in China. The China's Company Law revised on 2005 provides that the partner who can exercises the partner's rights is the one recorded on the list, and the company law may be applied to foreign investment enterprises if there is no provision for foreign investors in foreign investment law. The China's Supreme Court's Provision on Several Issues concerning the Trial of Disputes Involving Foreign-Funded Enterprises(Ⅰ) practiced in August 2010, has made of clear rules on the legal relations of dormant investment. This Provision admits the validity of the dormant investment agreement, but deny the legal position of dormant investor in enterprise on principle, and stipulates that a dormant investor's claim for confirming its status as partner may be upheld when the approval of the examination and approval organs has been obtained. Therefore, it is difficult as a matter of fact that the actual investor advocates the legal qualification of partner or exercises his own rights to enterprise.