The Judicial Remedy Of The Shareholder’s Right To Know

The modern governance structure of the corporation implementing the principle thatseparating the rights’ of the ownership of the shareholders and the rights’ of the manager.Themajority of the shareholders have no right to handle the company’s daily operation. It’s mustto design a system to balance the interests of shareholders and the management. Protection theshareholders’ right to know the real situation of the company is the foundation of theshareholders’ other rights. The legislation had strengthen the protection of shareholders ’rightto know, but the law is always behind the development of the society. The legislation is farmore than flexible to adapt to the active economic life. The litigation od the shareholders’right to know has already been the most frequence suit in China. It is necessary and urgencyto face the problem. This article,coming from the angle of the real cases, analysis theconnotation of the shareholders’ rights to know and the proceeding of the suit, in hope togetting some valuable suggestions.The main content of the article consists of four parts.The first part is the general idea about the right to know of shareholders，mainlyanalyzing the definition, characteristics and the theoretical basis of the shareholder’s right toknow,laying the foundation for the construction of lawsuit system.The second part analyzes the manifestations an the source of against the shareholders’right to know. The basic purpose of the lawsuit is protesting the shareholders’ right to know.Inducting the way of against the shareholders ’right to know, analyze the reason of against theright, sum up the experience from the reality is the premise of improving the protectionsystem.The third section describes the reality of the judicial relief of our shareholders’ right toknow. The perfection of the legislation must be built on the understanding of the currentsystem. Analysis the current system, discover the the imperfect part of the judicial relief canhelp us to put forward legislative proposals for the following part.The fourth section presents the idea of the perfection of the shareholders’ right to knowin judicial relief legislation. This part is the core of this writing. The article analyzes thecontents, from the first part to the third section, is used to prove that it is reasonableness and necessity to put forward the legislative conception.