关键词: 股权执行, 出资瑕疵股权, 无形财产出资股权, 隐名股权, 代位变更之诉

Abstract: With the prosperity of economy and the development of company system，there is an increasing need for the execution of equity. However， there were still obstacles to the equity execution in limited liability companies. The principle of property exhaustion limits equity execution in order. It is difficult to accurately assess the value of the defective equities. Thirdly， if the equity funded by trade secrets and other intangible assets are enforced， the companies are unable to operate normally. Fourthly， the execution of dormant equities is not easy due to the more complex legal relationships. In addition to the principle of property exhaustion， there is room for improvement on other three problems. For the defective shares， no reserve auction could be adopted due to the difficulty of assessment. As for the equities invested by intangible assets，the court could freeze and withhold the return on equity investment. When the person subjected to execution was a dormant shareholder， the court could establish a new litigation type to solve the execution dilemma， which allows appeal of subrogation alteration by the person applying for execution.

Key words: equity execution, capital defective equity, equity invested by intangible properties, dormant equity, appeal of subrogation alteration