Investigation On The Shareholders' Right To Information From The Viewpoint Of Chinese Judicial Practice

We all know that Shareholders'right is one of the important rights, and is the premise which other rights of shareholders can be exercised and enjoyed. Management rights and the separation of shareholder rights in contemporary corporate governance are fundamental principle of the system, but most of the shareholders of the company's operations was not directly involved, and the company's power firmly in the hands of the board and managers. This would be a threat to the realization of the interests of shareholders, Therefore, to ensure the realization of the shareholders the right to know the company law of many countries have established a shareholder's right to know the system.Because of the confusion within the company and the legal system is not perfect, making the protection of our shareholders to know is not given more attention, the disputes 0f shareholders right are often reported. Although China amended the 2005 "Company Law", in which shareholders have the right to know the provisions of protection tend to be perfect, but there are still some lacks. Shareholders the right to know this system, the system examines the development in the face of our country, through the specific practice of judicial cases related to the judicial practice of analyzing and discussing the difficult problems of judicial practice informed the shareholders appear in the investigation of the case, and Establishing the right to know the views put forward their own comprehensive security system in order to solve similar cases and the improvement of legislation to provide useful help to provide valuable reference.This thesis is divided into three parts:Chapter 1 First of all ,The author analyze that shareholders have right to know the concept of interpretation on the status of shareholder rights system, followed by the new "Law" and old "Law" right of shareholders between the provisions of a comparative analysis. Then investigated by the author of the shareholders the right to know the case, from the suit subject, subject matter of litigation, the outcome of litigation and other aspects of the case summed up the basic characteristics of the shareholders the right to know. The background causes of the dispute were discussed, and to practice hearing the trial of cases shareholder value orientation of the right to know the case was the interpretationChapter 2 Our system of shareholders have the right to know the theoretical basis and content analysis, and then focus on the right of the right to know, the main obligations, exercise range, and the burden of proof to determine the legitimacy of the purpose of distribution of content analysis, the trial raised the difficult problem of Their point of view.Chapter 3 The author base two chapters from the judicial point of view that the judicial function is limited ,after all the right to know not only rely on judicial protection of shareholder protection. Also need the efforts and combined analysis of the causes of cases the shareholders the right to know the right remedy, made their shareholders the right to know the establishment of comprehensive security system recommendations.