The Right To Know Of The Shareholders On Legal Issues

With the rapid development of market economy, in the economic environment, the means of country develops more flexible, by the new law of company in 2014, we can see that. State practices decentralization. Change the mandatory provision to the arbitrary provision, but in the hole process, the protect of interests is not fair, just as the problem of shareholders’ rights to know which this thesis wants to study. The new law of company reduce the program of establish a new company, then number of companies increase fast. But it need protection for the shareholder’ equity inside, and because of the particularity operation of company, it is easy to cause shareholders missing the message of company not timely, even having no right inside. At the present stage, the law of company is short of the legal norms about the shareholder’ right to know, the sort of right to know is unitary, exercise program is a little of principled, remedies is not enough, proceedings is cumbersome. These are the short of the current legal provisions on the shareholders’ right to know which to be solved urgent.In this thesis, I will analyze the intension and extension of shareholder’ right to know, contrast with the developed theory of foreign, elaborate the idea of myself about the future development of the theory and practice on shareholder’ right to know. In this paper supports the view: first of all, in the whole process must always follow the public equality principle. Expand the range the two important as the right of question and the right of inquiry. Secondly, to refine the specific ways of the shareholders’ right to know on exercised, perfect on the respect the subject, object, legitimately purpose, procedures, based on fast, efficient principle. To meet the requirement of the shareholders’ right to information, maximize shareholder and the company’s resolve conflicts. Imagining check the person theory and company’s internal system to be as shareholder’s right remedy. Avoiding the information to lose effectiveness and a waste of resources in proceeding, final, on the aspect of litigation procedure of shareholders’ right to know, combine with the special requirement on the principle of commercial activities. Propose the ideas about special procedures and ordinary, to solve the controversy between shareholders and the company on shareholders’ right to know by the way of investigation order fast. Shareholders’ right to know to be as a fundamental right, it is the easiest way to comprehensive understanding of the operation of the company for the shareholders, but by the company’s own development consideration,avoid excessive leakage of important information, ignore the protection of shareholders’ right to know which triggered conflicts between the company and shareholders, so to balance the interests of both sides, noting the appropriate scale at the whole process of improving shareholders’ right, avoiding damage the interests of corporate in the proceeding about protection of shareholders’ right.