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

The shareholders'"right to information"(of the company's operation),as a necessary means to exercise other rights of the shareholders , is playing an increasingly important role in the protection of shareholders'ultimate interests, such as intensifying the shareholders'supervision and restriction on the managers, protecting the company's interests from any wrongful infringement. In the last few years, more and more problems have been found in judicial practices, and this thesis is going to give some suggestions to benefit the legal system and remedies of the shareholders'"right to information"by investigating its historical development and issues in judicial practices.This thesis is separated into 4 chapters, and discusses some correlative issues in Chinese judicial practice on the very right to information, from"Definition and development","native characters and contents","Situations of domestic judicial practice",to"Suggestions on compositive protection".Chapter 1 focuses on the definition and development of the right. First of all, the author brief the definition of the right and introduce its origin and development. Secondly, the author compare our country's new company law with the old one, from which indicates the legislator's developing positive attitude on one hand, while still some restrictions on the other hand. Chapter 2 focuses on native characters and contents of the right. From discussion on the contents, implement and remedies of the right, the author illuminates a character of cascade in our legal system , also gives her opinion on the subject , object and limitation to the exercise of the right and obligation.Chapter 3 focuses on situations of domestic judicial practice. The author analyses the characters of such litigations from aspects of its parties, subject matter and cause of formation. Based on these analyses, the author also gives suggestions on countermeasures and discusses the guidelines and value judgment during a trial on these cases.Chapter 4 makes out suggestions on protection of the right to information, the author advanced a theory of compositive protection system, comprising further inter restrictions, extended authority of supervisory board, innovation of registration administration and legislation suggestion on a right of choice on inspector.