Stock Limited Company The Right To Operate And Conflict Studies Of The Shareholders' Right To Know

According to the exposition of the facts for domestic and international relevant research of conflicts between rights of administration of Co., Ltd. and shareholder's rights to know, the goal and the meaning of the conflicts research was put forward in the paper. The writer limited clearly the concept of shareholder's rights to know by elaborating shareholder rights, and also analysed what is stock company's rights of administration in detail, which offered theory foundation for the conflicts research in the words that follow. Based on the understanding of shareholder's rights to know and rights of administration of Co., Ltd. and combine relative theory of experts and learned men, the writer pointed out that conflicts is mainly owing to hold different opinions for information disclosure between shareholder and Co., Ltd., and put forward the types of conflicts as well as the reason of causing the conflicts. According to those, the writer analysed the different effects caused by the conflicts. At the same time, the writer analysed thoroughly the cost, profit and benifit of shareholder's rights to know and rights of administration of Co., Ltd., as well as the loss caused by the conflicts, which used the analysis method of economy. The writer divided the responsibility of conflicts of both sides according to economy theory, and expounded the relation of cause and effect between infringement and compensation, which was regard as compensation basis of loss caused by conflicts, and gave the calculation method of compensation. The writer showed that the analysis was now only a kind of theory, it was difficult to apply it to practice, but it was sure that the theory had certain function of guidance and reference for practice. Aimed at the reason of causing conflicts which was put forward in the former paragraph, and the analysis of conflicts, the writer gave the following countermeasure of reducing conflicts. 1) Determine the scope of shareholder's rights to know and reinforced protection and restriction of shareholder'rights to know; 2) Carry out the company's right of administration according to the law and strengthened protection and restriction of company's rights of administration. 3) Perfect administrative structure of corporation to decrease conflicts; 4) Perfect the legislation and reinforce judicature to decrease conflicts. At the same time, the writer gave the long effective mechanism of reducing conflicts.