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随着台商在祖国大陆投资项目的不断增多、投资额的不断攀升,各类涉台的投资纠纷也显著增多,台商在祖国大陆投资的法律风险也日益加大。其中,尤以隐名投资的法律风险最大。因此,对隐名投资法律问题进行探讨凸显重要和紧迫,这将有助于避免台商投资过程中不必要的损失,化解台商在祖国大陆投资的法律风险。本文从对隐名投资的法理解读出发,阐明隐名投资的概念特征、隐名投资人股东资格认定标准及法律责任,进而分析台商在祖国大陆隐名投资的类型及增多的原因,通过对台商隐名投资法律风险进行理性审视,提出了防范应对的具体建议。
With the increasing number of Taiwanese investment projects in the motherland mainland and rising investment, all kinds of investment disputes involving Taiwan have also risen markedly. The legal risk of Taiwanese investment in the motherland’s mainland has also been steadily increasing. Among them, the most legal risk is anonymous investment. Therefore, it is very important and urgent to probe into the legal issues of anonymous investment, which will help to avoid unnecessary losses during the investment of Taiwanese businessmen and to resolve the legal risks of Taiwanese investment in the motherland. Based on the interpretation of the anonymous investment law, clarifying the concept of the anonymous investment, the qualification criteria and legal responsibility of the anonymous investor, and then analyzing the types and reasons of the anonymous investment by the Taiwanese mainland, A rational examination of the legal risks of Taiwan’s anonymous investment put forward specific suggestions on how to deal with it.