The Improvement Of The System Of Shareholder’s Right To Know In China

The development of the company has brought great prosperity and economicdevelopment, and also makes the contradiction between the company and theshareholders is more and more acute. The separate pattern of ownership and operationgradually makes shareholders in a weak position of information asymmetry, andlitigation of shareholder’s right to know become increasingly active type of lawsuit inthe judicial practice. The new "company law" increases the intensity of theshareholder’s right to maintain, and passes legislation of lawmakers resolutelysafeguarding the rights and interests of the shareholders of determination, but becausethe corporations in China starts late, the formulation of company law has still been inthe stage of imitation of foreign legislation, the commenting provision is too principle,poor and more legal blank. These lead that a number of specific practices the refereelacks the basis, the academic circles and judicial practice have different views, andthat different connection with the given phenomenon is serious. In this case, thispaper, starting from the existing judicial cases, combined with the theory of scholarsdispute, analyzes the current our country company limited by shares and limitedliability company’s shareholders’ right to know the system defects and practicaldifficulties, and on the basis of other country mature legislative experiences, putsforward some targeted solutions. It has certain positive meaning in the improvementof shareholder’s right to know.Around these problems, this article will from three parts. In the first part thearticle introduces the origin of the shareholder’s right, defines its connotation.Then itintroduces the child rights of shareholders’ right to know, namely the shareholdersaccess to power, the shareholders’ inquiry right, check the candidate as a system ofright of claim for conceptual statements, and then convey their legislation presentsituation, the implementation of the form in our country, It is the fist of furtheranalysis for the later three child rights institutional problems.By the judicial case dispute focal point for the introduction, the second part ismainly about those which leads to the current our country co., LTD., and refer to limited liability Company in the shareholder, the shareholders’ inquiry right, checkthe candidate as request system problems. There are many uncertain elements in thecurrent access rights to the shareholders, the shareholders’ inquiry right subjectqualification, the scope of rights, right exercise program.It causes the connectionwith different sentence is serious. The absence of inspect-appointing right systemmakes that many shareholders could not be in accordance with the law. Theintroduction of the system of judicial practice to check the system calls for a highvoices. At the same time analysis of the necessity of the system is the "target" forputting forward third part the corresponding corrective measures.Based on the theory of the first part of the definition,on the theory of the secondpart of the problem of insufficient for reflection, the third part consider suggestionsunder the condition of our country reality legal environment. It includes that under theaccess to power system, a clear right to exercise the body, determine the compulsorysubject, refer to scope, clear the "legitimacy" of the judgment criteria; Under theinquiry system of power system, clear right to exercise the body, determine the scopeof the right to exercise, to clarify the right exercise program, make up the rights of thepublic aid force; Candidate for any incoming inspection system, and put forwardsome suggestions.