股权自由转让原则之限制规定的法律分析

股权转让又称股份转让，是指股东将其对公司所有之股权转移给受让人，由受让人继受取得股权而成为公司新股东的法律行为。股权转让不单是股权转让人与股权受让人之间的合同行为，同时又涉及到公司、其他股东及债权人的利益，因此而受到各种各样的限制。我国立法对此规制不健全，故有必要对股权转让的限制规定问题加强研究并尽快完善立法。

The Legal Analysis of Restrictions on the Freedom Transfer of Equity

The transfer of equity, also known as the transfer of shares, refers to the legal act that shareholders transfers their equity which they possess to the company to the grantee, then the grantee who obtains the grantor＇s equity become the company＇s new shareholder. Transfer of hareholder＇s right is not merely a contractual behavior between grantor and grantee, but also involves with the benefit of company, other shareholders and creditors. Therefore it is subject to various restrictions. Chinese legislation regard to the issue needs to improve. Accordingly, it is necessary to put more punch into the research concerning restriction on the transfer of shareholder＇s right and to improve the relevant legislation as soon as possible.