On The Protection And Restriction Of The Shareholder's Right To Know In The Limited Company

The innovation of the structure of interpreting the corporate rules, which is in the field of shareholder's right to know in the limited company, is the realistic pathway to solve the problem. This thesis chose some legal problems about the protection and restriction of shareholder's right to know in the limited company put forward my discussion. This thesis used the view of interpretation and combined the corporate law suits in Shanghai with the legal theory in order to explain my standpoints. It is absolutely right that the PRC Corporate Law about the shareholder's right to know in the limited company is quite simple and has some limitations in the meaning of characters. However, it is not having our hands tied in interpreting the PRC Corporate Law. The relative rules about the shareholder's right to know in the limited company conform multilayer and wide view of analyzing the legal problems. Certainly, the interpretation of the PRC Corporate Law should be carried out in the reasonable framework of the legal terms. This thesis tried to study the justice rules in the field of the shareholder's right to know in the limited company through the interpretation of the PRC Corporate Law. I wish to provide some references for the legal practices of shareholder's right to know in the limited company.The article is divided into three parts. Chapterâ… : The foundation of the theory of shareholder's right to know in the limited company. This chapter introduced the theory of the shareholder's right to know in the limited company and abuse of rights. On the basis of comparing the relative rules of the old and new PRC Corporate Law, this chapter analyzed criterion foundation of the protection and restriction of shareholder's right to know in the limited company and bring forward the essence of system balance.Chapterâ…¡: The practical analysis on the shareholder's right to know in the limited company. This chapter analyzed the general problems in the field of the shareholder's right to know in the limited company from the view of thoughts conflicts, rights infirmness, original intention deviation and benefit blur. Then I put forward the material problems about the confirmation of subjects of the shareholder's right to know in the limited company, the obligation of fulfilling the shareholder's right to know, the extent and way to carry out the shareholder's right to know and so on. Then I commented the practices in the field of the shareholder's right to know from the point view of value and summarized the theory problems behind the practice.Chapterâ…¢: The realization of protection and restriction: a deep analysis of the shareholder's right to know. This chapter carried out the discussion of legal practice in the field of the shareholder's right to know and analyze how to reach out the realization of protection and restriction, for the purpose of solving the problems about subjects of rights and obligations, procedure of the shareholder's right to know and so on. and limitation of the victim's criminal substantive right of disposition. The part is divided into two sections. The first section is the Realization way of the victim's criminal substantive right of disposition: the crime handled only with private prosecution; victim's commitment; the victim-offender-reconciliation. The second section is the limitation of the victim's criminal substantive right of disposition: the right scope and the right potency.