The Research On Censorship Standard Of Legitimate Objection Of Shareholders’ Inspection

The legitimate purpose is not only a legitimate exercise of the right of access to books based on the legitimacy of the shareholders, but also the company’s shareholders to exercise reasonable grounds for denial of this right.In theory and in practice, how to identify legitimate purpose has become a key safeguard shareholders’ right to information and resolve such disputes.Based on the large number of empirical analysis of the case, the legitimate aim of the shareholders’ right-depth study to compare the foreign shareholder’s right to know about the difference between legitimate purposes, the most important thing is to find out the difference between domestic and international standard of review to compare comments, draw favorable reference to our country, for the legitimate purpose of how to improve our own standard of review for discussion. Intended to determine the standard of review for a legitimate purpose, but also hope to effectively balance the interests of the shareholders and the company informed the normal business order.The first part are sample case studies related to legitimate purposes from Chinalawinfo. Respectively, from the identity of the plaintiff, the defendant, the court made the data table on the case analysis. The purpose of the type of the plaintiff’s right to know znd the burden of proof, the defendant and defense aspects of the grounds of evidence, as well as the trial court, and so the results are classified on the basis of research.And the section on the case before 2006 were analyzed.The second part is a theoretical analysis about shareholders’ right standard of review. First, a review of the standard theory to sort out legitimate purposes, mainly using the method of comparative analysis. Combing through the domestic and international perspective, we can learn a lot from foreign experience. Then from the practice of the standard of review to sort out legitimate purpose,we can made a list of the type of judicial practice improper purpose, our judicial practice trial basis and evidence.The third part is to improve our trial standards of the Shareholders’ right of legitimate purposest.Balance of interests is the theoretical basis to improve our trial standards of the Shareholders’ right of legitimate purposest.From the review of foreign standards and problems encountered in our practice, can we find the perfect proposal.Improving our standard of review for legitimate purposes from theory, the principles identified, legislative and judicial operational.