The Theoretical Analysis Of The Shareholders' Right To Information Litigation

Current Company Law grants shareholders the right to institute legalproceedings in the courts when their right to know is violated. In judicialpractice, the cases where shareholders seek judicial relief because their rights toknow are being infringed are frequently happend. However, because the way ofrelief has not clearly defined in current law, the operability is not strong. Mostof all, since some cases must be dealt with on the basis of general legalproceedings, the cases concerning shareholder's right to know that have higherrequirements of efficiency and flexibility can not be handled in time, so thatthere is often no necessity of rights protection when the court renders finaljudgment, which is mainly due to the imperfection of studies on relevanttheories. Shareholder's right to know is the foundation of shareholder's rights aswell as the precondition to realize their other rights. Its typical theoretical basisdetermines that both the nature and proceedings of such litigations have theirown uniqueness. The nature and theories like goal, value and function oflitigation concerning shareholder's right to know decide that such litigationshould be dealt with by applying special proceedings. In addition, whether somespecial shareholder's rights that easily arouse disputes in practice can go tocourt is also the problem must be solved first when shareholders file suchlawsuits.Due to the special litigation procedure has the characteristics of quicklyand economy, adequacy and purpose.In the dispute of the shareholders' right toknow, through the special procedure solve quickly shareholders of trust crisis,can prevent the contradiction of intensified, avoid to cause "betweenshareholders and shareholders and the company are in between the stalemate,the company can not run normally, enormous losses, can protect the interests ofthe shareholders, ensure that the company management and operation of thenormal smoothly.