股权自由转让制度，是现代公司制度为成功的表现之一。近年来，随着我国市场经济体制的建立，国有企业改革及公司法的实施，股权转让成为企业募集资本、产权流动重组、资源优化配置的重要形式，由此引发的纠纷在公司诉讼中为常见，其中股权转让合同的效力是该类案件审理的难点所在。

The system of free transfer of equity is one of the successful manifestations of modern company system. In recent years, with the establishment of China's market economic system, the reform of state-owned enterprises and the implementation of the company law, equity transfer has become an important form of enterprise capital raising, property right flow reorganization and optimal allocation of resources. The resulting disputes are common in company litigation, and the effectiveness of equity transfer contract is the difficulty in the trial of such cases.

股权以财产权为基本内容，还包含公司内部事务管理权等非财产权内容。股权转让，是指公司股东依法将自己的股份让渡给他人，使他人成为公司股东的民事法律行为。股权转让是股东行使股权经常而普遍的方式，我国《公司法》规定股东有权通过法定方式转让其全部出资或者部分出资。

Equity takes property rights as the basic content, and also includes non property rights such as the management right of internal affairs of the company. Equity transfer refers to the civil legal act of the company's shareholders transferring their shares to others according to law, so that others become the company's shareholders. Equity transfer is a frequent and common way for shareholders to exercise their equity. China's company law stipulates that shareholders have the right to transfer all or part of their capital contribution by legal means.

股权转让协议是当事人以转让股权为目的而达成的关于出让方交付股权并收取价金，受让方支付价金得到股权的意思表示。股权转让是一种物权变动行为，股权转让后，股东基于股东地位而对公司所发生的权利义务关系全部同时移转于受让人，受让人因此成为公司的股东，取得股东权。根据《合同法》第四十四条款的规定，股权转让合同自成立时生效。

The equity transfer agreement is the expression of intention reached by the parties for the purpose of transferring the equity. The transferor delivers the equity and collects the price, and the transferee pays the price to get the equity. Equity transfer is an act of real right change. After equity transfer, all the rights and obligations of shareholders to the company based on the status of shareholders are transferred to the transferee at the same time. Therefore, the transferee becomes the shareholder of the company and obtains the shareholder's right. According to paragraph 1 of Article 44 of the contract law, the equity transfer contract shall come into force upon its establishment.

但股权转让合同的生效并不当然等同于股权转让生效。股权转让合同的生效是指对合同当事人产生法律约束力的问题，股权转让的生效是指股权何时发生转移，即受让方何时取得股东身份的问题，所以，必须关注股权转让协议签订后的适当履行问题。

However, the effectiveness of equity transfer contract is not necessarily equal to the effectiveness of equity transfer. The effectiveness of equity transfer contract refers to the issue of legally binding on the parties to the contract. The effectiveness of equity transfer refers to the issue of when the equity transfer occurs, that is, when the transferee obtains the status of shareholder. Therefore, we must pay attention to the appropriate performance after the signing of equity transfer agreement.