On Lawsuit Relief Of The Shareholders' Right To Know

shareholders'right to know is the weight, which plays an important part in the balance between company and shareholders. To protect the right to know of shareholders , perfect theory and judicial relief is needed.At present, how to protect shareholder's right to know have become the important task of Company Law around the world. There are more and more dispute case of shareholder's right to know in our country , by the analysis the character of case ,the author put forward to the main problem on the system of judicial relief.on this base ,according to the legislative experience of foreign country and our judicial practice,the author integrates the theory of Company law with Civil Law and Civil Procedure law and brings up some advice on the system of lawsuit relief of shareholder's right to know.Part One is the general idea about the right to know of shareholders,mainly analyzing the definition, characteristics and the theoretical basis of the shareholder's right to know ,then introduce the main problem of lawsuit relief in legislation and it is necessary for shareholders to bring a suit to protect their right to know before a People's Court,and lay the foundation for the construction of lawsuit system.Part Two is the subject of action of shareholders' right to know , suitable subject of action is the premise of lawsuit of the shareholder's right to know .the author explain how to determine the eligible plaintiff and the defendant .the diversity of shareholders and the mobility of stockholders make it difficult to determine who is the eligible subject of action .so it is necessary to clear these problem .Part Three is the burden of proof of the lawsuit of shareholder's right to know ,Regulations on he burden of proof play an important in the determination of prevailing part .the above-mentioned issues are also the difficulties in the case of right to know of shareholders. the author conducts a careful analysis on the above -mentioned issues .Part Four is the other procedural system of the right to know of shareholders .due process of law is the realization of rights .But there is no regulation on the problem in our Company Law. Theoretical studies make little reference to these problems .so the author makes a careful analysis from the aspects such as the specific jurisdiction of the court ,application procedures ,litigation costs ,litigation preservation and the judgement and execution.