论夫妻共有股权的归属问题
On the Issue of Ownership of Joint Equity between Spouses

夫妻共有股权的纠纷主要矛盾集中于夫妻协商不一致时共有股权的归属问题。由于当前的立法并没有涉及此内容，在实践中法官对此的裁量分为三种思路：夫妻共有股权纠纷的客体为股权、与股权相关的财产利益或与股权相关的财产权益。前两种思路在讨论归属问题时都会引发不同部门法之间的冲突，导致夫妻共有财产制度和公司股权制度的矛盾难以调和。可以运用股东权益分离的观点来处理夫妻共有股权的归属，将股东权益分为人身权益和财产权益，夫妻共有财产制度仅讨论财产权益的范围。由此，可以在保护双方合法权益的情况下调和两种制度的冲突。
The main contradiction in disputes over jointly owned equity between spouses lies in the ownership of the jointly owned equity when the spouses cannot reach an agreement through negotiation. Due to the current legislation not involving this content, judges’ discretion in practice can be divided into three approaches: the object of disputes over shared equity between spouses is equity, property interests related to equity, or property interests related to equity. The first two approaches to discussing ownership issues can lead to conflicts between different departmental laws, making it difficult to reconcile the contradictions between the marital property system and the company equity system. The perspective of separating shareholder equity can be used to deal with the ownership of spousal joint equity, dividing shareholder equity into personal equity and property equity. The spousal joint property system only discusses the scope of property equity. Thus, the conflict between the two systems can be mitigated while protecting the legitimate rights and interests of both parties.