The Research On The Realization Of Our Company’s Shareholders’ Right To Know

The research on the company’s shareholder right to know to achieve is a newfield in the current research on Chinese legal system of company. Legislation oncompany in many countries and regions provides relatively perfect regulations onshareholders right to know. however，the research and legislation on it delays inChina，though the revised company in2005had perfected the regulations on it. Theessay respectively discuss the basic theory of the shareholders ’right to know, thebasis of the implementation by the shareholders’ right to know, and combined withadvanced foreign legislative experience to analyze the progress and shortcomings inour legislation, On this basis, we will discuss and make recommendations on how toachieve the Company’s shareholders the right to know.The first chapter analyses the basic theory of shareholders’ right to know. Itpoints out that shareholders’ right to know should be a fundamental right enjoyed andperformed by shareholders within the law in lawful way. Its nature is a self-usufruct, atotal of usufruct, solid right, individual shareholder rights and minority right; anddiscusses the main content of the shareholders’ right to know including the right ofaccess and the right of reproduction, the right of recommended and the right ofquestion, the right of information to accept and the right of checking the candidatesfor any claim.The second chapter elaborates the significance and basis of shareholders’ right toknow to achieve. This chapter analyzed the theoretical basis of the shareholders’ rightto know to achieve from the principles of conflict of rights and checks and balances,the principle of equality of shareholders, corporate governance structure and so on.The realistic basis of the shareholders’ right to know to achieve analyzed from theprinciples of modern corporate governance, the shareholders of the exercise ofsupervision, standardize trade order, etc. The significance of Shareholders’ right toknow to realize analyzed from social equity and justice harmonious development ofsociety, etc.The third chapter analyses the law of Chinese and foreign shareholders the rightto know, pointed out that the advanced foreign legislation, to sum up the relevant legislation of our current shareholders’ right to know and pointed out that the progressof legislation.The fourth chapter analyses the inadequacies of the laws of China inShareholders’ right to know to achieve. There are a lot of problems in the exercise ofshareholders’ right to know, such as the exercise of "Special Shareholders" right toknow the eligibility requirements for unknown、the scope of the narrow shareholder’sright to know、Specific forms of the limit shareholders’ right to know is tooprinciples；there are a lot of problems in the judicial remedy of shareholders’ right toknow, such as the qualifications of the subject of proceedings about the shareholders’right to know to lack of clearly defined, the lack of shareholders to question the rightof litigation relief system, the lack of Relief system and specific procedural systemwhen shareholders are abuse of the right to know and in the implementation.The fifth chapter，aimed at current situation of Chinese legislation，gives thesuggestions on perfecting Chinese legislation on the right from several aspects:extending clear exercise of the principal of the shareholder’s right to know, expansionand a clear range of the exercise of shareholders’ right to know, establishinginformation disclosure system on the Company Law, introducing inspector systemand perfecting judicial remedy system.