On The Protection Of Shareholders' Right To Know

Shareholders'right to know is very important to shareholders, because it is the premise and basis that shareholders exercise their other rights. Separation of ownership and management rights become the basic principle of corporate governance in the modern corporate system. Managers of company violate shareholders'right to know by using their information advantage, and harm the interests of shareholders frequently under this governing principle. So the company laws if countries and regions in the world all set the system of shareholders'right to know at same. Although new company law strengthen the strength of the protection of shareholders'rights than old company law, its provision about shareholders' right to know are still too principle, lacking if operability, so it's hard to achieve the mind of the design of the system in judicial practice.This paper analyze and discuss a typical case concerning the dispute if shareholders' right to know, and theoretically analyze relational difficult problems in judicial practice, put forward pertinent conclusions, and then put forward some own suggestions and views for improving the system of shareholders'right to know.In addition to this introduction and conclusion, it is made up of four parts, totaling more than 18,000 words.The first part mainly introduce the cause of action, details of a case and focuses of controversy, generalize three focuses of controversy in this case, separately they are whether the shareholders who have already transferred shares have the right to know, whether the scope of shareholders'right to know include the financial information of subsidiary, and whether shareholders'right to know could be exercised by inspector.The second part is the basic theory if shareholders'right to know, which is introduced from three aspects, firstly the scope of shareholders'right to know and its implementation are determined, thirdly the legal significance of shareholders'right to know are generalized.The third part is the theoretical analysis of the case, which includes three aspects, firstly analyze the problem whether the shareholders who have already transferred shares have the right to know and put forward pertinent conclusion, secondly analyze the problem whether the scope of shareholders'right to know include the financial information of subsidiary and put forward pertinent conclusion, thirdly analyze the problem whether shareholders'right to know would be exercised by inspector and put forward pertinent conclusion.The fourth part is the inspiration on the case. I believe that our country should establish the inspector-appointing right system as soon as possible, and analyze the nature, necessity, exercise elements and construction of the system.