The Protection And Restriction Of The Shareholder's Right To Information Within The New Framework Corporate Law

The shareholders' right to know is a significant type of right under the modern corporate system, and has developed on separation of shareholder's ownership and power of operation. It is the basis for shareholder to exercise their rights and protect their interests. As the power of operation and shareholders'ownership separates, shareholders are inappropriately placed at a weak position in the relationship with the corporation, which directly leads to threats to shareholders' legitimate interests. Addressing the issue, shareholders' rights to know has been thoroughly regulated by law in many countries and districts. However, although the Company Law revised in 2005 further developed the provision regarding shareholders' rights to know, the research and development of shareholders' rights to know in China is still on the initial stage, and there exists deficiencies in rights scope, protection measures and etc. This thesis carries on the research in the course of proposing the issue, analyzing the issue and solving the problems, and contains three parts:Part one researches on the principle theory of shareholders'rights to know, based on the basic contents of which focuses on the legal nature, specified contents and realization methods of shareholders'right to know.Part two looks into the development of the system of shareholders'right to know in the developed countries of the world and concludes the experience that is possible to be made use of through comparison with the present relevant system in China.Part three researches by comparing relevant provisions both prior to and after the revision of the Company Law in China, and by analyzing the their differences discusses the development of shareholders'right to know in China today; and by briefly analyzing the deficiency exists, researches on the perfection of shareholders'right to know in China from the perspectives of both legislation and judicial remedy. The thesis holds the point that the scope of the right to know by reference shall be broadened, and relevant procedures shall be established. Based on the development of the system of shareholders'right to know in China, the supervisor system shall be actively promoted and established. In the perspective of judicial remedy, the thesis proposes perfection suggestions regarding such as the premises, principal, burden of proof and litigation fees in the lawsuits involving shareholders'right to know. The thesis is briefly concluded in the end.