Shareholders The Right To Know The Proceedings

Company is established by law all of its capital contribution by shareholders constituted, the shareholders or their contribution is limited to the shares held by the company responsible for the company with its all assets of the company liable for the debts of the enterprise legal person. Shareholders are the true masters of the company, but also the enjoyment of rights and obligations of corporate entities and stakeholders. Right to exercise the shareholder is a shareholder and oversee company management to understand the importance of means, making shareholders the right to dividend rights and other rights of shareholders to realize the premise and foundation. However, due to the development of today's society allows the company to the separation of ownership and management, the company's daily operations and decision-making power often lies in the hands of the board or general manager, most shareholders are not directly involved in the company's management, which can cause the rights of shareholders Achieved. Therefore, the law recognizes the shareholders the right to know, to give shareholders access to, copy, company information and business development for the company the right to make recommendations, while strengthening judicial relief efforts is the existing company law inevitable choice. In this paper, the developed countries to exercise the right to know the case of shareholders, through the action of the shareholders the right to know the nature, function and type, focusing on litigation to discuss a number of procedural issues, the improvement of judicial remedy some suggestions.This article is divided into three chapters.The first chapter is an overview of the shareholders the right to know. This section introduces the concept of right of shareholders, the shareholders the right to know lists two parts:access rights, ask the right of the shareholder's right to know the function. The first chapter is an overview of the shareholders the right to know. Secondly, through the exercise of shareholders to achieve the right to know the specific mode of induction, the realization of right of way to the shareholders, stressing the importance of judicial relief. Subsequently, a comparative analysis of litigation in developed countries for stockholders the right to know the different types of legislation (the type of common law, civil law type), summarizes the current legislative situation in China.The second chapter discusses the nature of the proceedings of shareholders the right to know, functions and types of problems. The first part starting from the different nature of the proceedings, the right to know the proceedings of the shareholders obtained payment claim, the independent nature of the complaint. The second part of the proceedings of the function from the start of the shareholders obtained the right to know the function of the ultimate purpose of action is to protect the exercise of the rights of other shareholders and the realization of equity. The third section summarizes the law, starting from the type of action, broken down by the shareholders the right to know the different types of proceedings.Chapter III is a shareholder of the right to know the procedures for litigation. First, the Central Plains from the proceedings, the defendant constitutes a start, there's easy with practice, a special type of confusion the parties put forward their views and analysis of opinions. The second part of the inspection pursuant to the shareholders the right to know the contents of the proceedings and relief in different channels, introduced pre-action shareholder's right to know the contents of the program. The third part of the proceedings of the jurisdiction from the start of the proceedings described the shareholders the right to know both the level and territorial jurisdiction.