A Study On The Right To Know And The Lawsuit Relief Of Shareholders

The right to know of shareholders is a very important right, which is the premise and base for shareholders to execute the right of management and property. Depending on the administrative principle of "separation between proprietorship and management power", utilizing the advantageous information in hand, the corporate management frequently infringe the right to know of shareholders. Under this circumstances, the company laws of numerous countries have established the system of the right to know of shareholders. In the 2005 Company Law, our country definitely prescribed that shareholders have the right to know and the lawsuit right when infringed. Compared with the 1993 Company Law, on one hand, it gets ahead deeply in the protection of the right to know of shareholders, but on the other hand, there exist still many limitations in the executive conditions of the right to know and the lawsuit procedure of shareholders, which results in the realistic difficulty to protect the right to know of shareholders. Therefore, the system of the right to know of shareholders in the Company Law entails its re-improvement.This dissertation includes three sections: the introduction, the body and the epilogue.The part of the introduction presents the writing background and aims to lay a solid foundation for the following writing.The part of the body are divided into three sub-sections.The first sub-section is about the right to know of shareholders as well as its execution. It is known that the right to know of shareholders is not a concept in the positive law, so it is difficult to define. However, through efforts, this dissertation first analyzes the concept, to educe that the right to know of shareholders is a collection of a series of rights and that its law theory builds on the shareholdership. Then, this sub-section discusses the nature and the system value of the right to know of shareholders. Finally it introduces some main executions and some legislation cases of some main countries.The second sub-section is about the lawsuit relief of the right to know of shareholders. Starting from the economic approaches, the author concludes that the lawsuit relief is the ultimate approach of the relief of the right to know. The nature of the lawsuit should be give lawsuit from the theory of civil lawsuit; direct lawsuit from the corporate shareholding. This sub-section briefly analyzes the basic structure of the right to know of shareholders, and infers that its value is embodied in the relief of the right to know of the shareholders in the limited liability company.The third sub-section is about the re-improvement of the right to know of shareholders as well as the lawsuit relief in our Company Law. By historical comparision, this sub-section analyzes the historical development and the current situation, indicates the deficiencies of our country's current company law, and brings forward the suggestions of re-improvement. The author reviews our country's current legislation and the existing problems in the system of the: right to know of shareholders in justice practice and constructs the concrete system of the lawsuit relief of the right to know of shareholders.The part of the epilogue concludes the viewpoints of the whole passage, and re-stresses the re-improvement of the system of the right to know and the lawsuit relief system of shareholders.