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The Analysis Of Li Shujun Et Al. V. Jiade Companyon The Shareholder’ Right To Know

Posted on:2016-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:L S BaiFull Text:PDF
GTID:2296330461462277Subject:Company law
Abstract/Summary:PDF Full Text Request
Shareholders’ right to protect the interests of shareholders is the most central and fundamental rights, the right to know about the shareholder dispute arising from the company’s shareholders also real conflicts of interests intersects with the most concentrated area. Chinese Company Law gives shareholders a clear right to know, but there are parts of these Rules blank legislation, such as the "Improper purpose", "account book", etc., several judicial interpretations they can avoid these problems in the administration of justice and to practice Legal disputes practice shareholders’ right plight foreshadowed. At the same time, rules of shareholders’ right research focus are corporate law theory and practice of research. I believe that, combined with China’s actual situation and practical experience in corporate law, specifically related to the basic concept of shareholder’s right to know, access to the range and exercise the way for the company to improve the legal system, guiding the company and its shareholders the right to exercise the power of behavior to build between the company and the shareholders harmony, healthy relationships, and promote prosperity and development of China’s market economy is important.2011 The Supreme People’s Court, " Li Shujun et al. V. Jiade company on the shareholder’s right to know," to be published as a guiding case. Focus of controversy case involves several important issues on the shareholders ’right conditions apply, for the administration of justice and the practical operation of the shareholders’ right to guide an important demonstration of guiding value. In this paper, the case was discussed topic by analyzing each case the focus of controversy, the introduction to the theory and development of frontier disputes related and relevant practical experience, exploring the power of shareholders’ right and proper exercise of the border, such as improper purpose specification meaning and criteria, such as the scope of access rights, and thus make recommendations to improve shareholders’ right.Remove the summary and introduction, paper is divided into three parts. The first part, case briefs and summarized the focus of controversy. This section briefly reviews the case by describing the evolution of the focus of controversy, and then summarizes the focus of controversy in the case. The second part is the focus of controversy in this case Comment. This section describes the case by forming the focus of controversy, the focus of controversy related links theory research and development, and then focus on the case right shareholderdisputes controversy that shareholders’ right of access to the range and exercise the way, improper specification of the meaning and purpose of judgment standard, pre-conditions were right Litigation Review. The third part is the conclusion in this case and the case inspiration. The first part of the author reviewed the case disputed draw conclusions for the present case the view, and then combined with the right to information related to the foregoing discussion of the theoretical development of the shareholders, the shareholders’ right of access to the range of clear, allow proxy access, standardized meaning and criteria improper purpose introduction examiner system, the establishment of several pre-trial investigation system aspects, made a series of recommendations on how to improve the system and regulate shareholders ’right to exercise shareholders’ right way.
Keywords/Search Tags:Shareholders, the Right to Know, Improper Purpose
PDF Full Text Request
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