A Study On The Lawsuit System Of Shareholders' Right To Know

Shareholders'right to know is one of the important rights, and is the premise which other rights of shareholders can be exercised and enjoyed. Depending on the modern cooperate administrative principle, utilizing the advantageous information in hand, the corporate management frequently infringe the right of shareholders. Under this circumstance, the company laws of numerous countries have established the system of shareholders'right to know. Comparing to the old Company Law, the revised Company Law which came into force on January 1, 2006 gets ahead deeply in the protection of the right to know of shareholders, but on the other hand, there still exist many limitations in the executive conditions of the right to know and the lawsuit procedure of shareholders, which results in the realistic difficulties to protect the right of shareholders and eventually cause the property damage to the shareholders. Therefore it is indeed to consummate the lawsuit system of the right of shareholders. Because the analysis of the Shareholders'litigation relief about the right to know, its have great significance for deepening our understanding of the shareholder's right to know, and to protect the rights of small and medium-sized shareholders', to improve corporate governance conditions, to advocate the company to carry out its social responsibility, to protect the normal development of the socio-economic.At first this paper introduces the basic theory of litigation system about the shareholder's right to know. This article first analyzes the concept of shareholders'right to know, come to the result that the right of to know of shareholders is a series of collections. The right to know of shareholders includes the right query, the right question, as well as the right to inspect any candidate. Furthermore discussed the theoretical basis,the legal system and its basic values of shareholders'right to know. The second refers to the status and problems exist in the litigation system of shareholders'right to know. Authors start with the existing provisions of the Companies Act, came to the result that our current system of legislative is deprived. A brief analysis of the problems exists in the system of litigation about the shareholders'right to know, such as the scope of the claim, plaintiff and defendant qualification, specific proceedings, the way to relief the shareholders'right to question and the company's litigation and other relief-related issues. Finally the author images a perfect litigation system of shareholders'right to know. Based on our existing legal system, have a specific research on the course of the proceedings of shareholders'right to know. Analysis the various problems that exist in the second part and put forward specific comments to improve the litigation system of shareholders'right to know in our country, and make a perfect protection of shareholders'right to know.