A Study On The Lawsuit System Of Shareholders’ Right To Know

The right to know of shareholders is an important right, which is the base for shareholders to come true the right of the others. The proceedings of shareholders’ right to know plays an important part in confirming the interest of the others. Comparing to the old Company Law, the revised Company Law which came into force on January1,2006gets ahead deeply in the protection of the right to know of shareholders, but on the other hand, there still exist many limitations in the executive conditions of the right to know and the lawsuit procedure of shareholders, which results in the realistic difficulties to protect the right of shareholders and eventually cause the property damage to the shareholders. Therefore it is indeed to consummate the lawsuit system of the right of shareholders. Because the analysis of the Shareholders’litigation relief about the right to know, its have great significance for deepening our understanding of the shareholder’s right to know, and to protect the rights of small and medium-sized shareholders’, to improve corporate governance conditions, to advocate the company to carry out its social responsibility, to protect the normal development of the socio-economic.This dissertation first analyzes the concept of the know of shareholders, to educe that the right to know of shareholder is a collection of a series of right, and then discuss the concept of the shareholders’ right to litigation, Then the paper discusses the nature and the character of the shareholders’ right to litigation. The nature of the lawsuit should be give lawsuit from the theory of civil lawsuit; direct lawsuit from the corporate shareholding. Second, the paper discusses its law theory builds on the shareholdership. There exists the difference between the limited liability company and the company limited by shares, that is the content of the right of inspection, the company law stipulates clearly that the limited liability company has the right of the inspection, while the company limited by shares is not, but others are the same, so the dissertation mainly aim at the limited liability company. At last, the paper discusses the lawsuit relief and the construction of the right to know of shareholders, and this is the core of the dissertation, the paper reviews the existing problems in the system of the right to know of shareholders in justice practice and construct the concrete institution of the lawsuit relief to the right to know of shareholders. The part of the epilogue concludes the viewpoints of the whole passage, and re-stresses the necessity of the system of the system of the right to know and the lawsuit relief system of shareholders, in order to put forward my proposals for the shareholders’right to litigation.