Research On The Protection System Of Shareholders’ Right To Know

Shareholders refer to people who hold the company share which mainly include people who get the shares by financing the company and other legal reasons. To be one of the shareholders of the company, there exists rights and obligations. Stock right is the right that shareholders enjoy based on the status of shareholders. Stock right relates to vital interests of shareholders, it is not only an important means for shareholders to participate in company’s operation management but also the important reflect of legal relation and shareholders’ legal status between shareholders and companies. So it is important to protect shareholders’ right. Corporate institutions is the typical organizational form of modern enterprise, and modern enterprise implement separated shareholders ownership, corporate juridical person’s property right and the operate control right of company, so the degree of understand for the operate situation of the company by shareholders is directly related to vital interests of shareholders, then the protection of right to know which is the shareholders’basic right is especially important, the perform of right to know is related to the realization of the final interests.Ever since the new "company law" has been issued and implemented in2005, the protection of right to know of shareholders compared with the former is more meticulous, expanding the scope of the shareholders’ right to know, and strengthen the protection of shareholders’ right to know to the entity and procedure. However, due to the new company law on the shareholders of the provisions of the right to know is too strict, and the exercise of the right to have certain restriction, such as on the access of accounting books of the company, and the qualification cognizance of the shareholders, the exercise of the right to know all shareholders bring a series of invisible barrier. This paper introduced a case of the shareholders of a company’s "right to know" theory analysis, in view of the right to know some of the exercise of shareholders restrictive conditions and the exercise of some of the difficulties encountered in the process of shareholder’s right to know the legal protection to put forward some Suggestions. The full paper contains four parts except introduction and conclusion.Part Ⅰ:The theory review of right to know of shareholders. Firstly, the simple analysis of the development history of right to know of shareholders, from its development the paper explains the specific origins of right to know of shareholders, then have a brief introduction of the origin of right to know of shareholders, then have a theoretical summary of right to know from concept and connotation, and then have a conceptional analysis of right to know, lastly summarize the characteristic and content of right to know.Part Ⅱ:The comparison of legislation of right to know of shareholders. This part mainly adopts the methods of comparative study; firstly inspect the general situation of every country’s legislation of right to know, horizontally, secondly the paper analyze the situation of our domestic legislation horizontally, especially the comparision of legislation situation of law of cooperation between1993and2005, analyzing the change of the legislation situation of shareholders’right to know and the difficulties brings, and compare legislation home and abroad, then have research on the protection of right to know of shareholders.PartⅢ:The difficulty and limit for the realization of right to know of shareholders. This part next to part Ⅱ,aiming at the problem discovered in part Ⅱ, then in this part the paper find out the breakthrough point of the questions by analytic demonstration in partⅢ. After the analysis of a series of problems and difficulties when implement the right to know, raising some rational countermeasures.PartⅣ:The legal remedies of right to know. According to the questions discovered in part Ⅱ and partⅢ and consult the situation of legislation, aiming at the limit and difficulty for the realization of right to know of shareholders, then the paper raises some judicial advices, and it also provides some theoretical methods of the performance of right to know of shareholders, then protect the performance of right to know of shareholders effectively, at last protect the realization of shareholders’ final interests.