Shareholders’ Right To Know On Legal Study Of Wu Xiang Et Al. V.Jiade Com. Ltd

The supreme people’s court has issued a "civil action" in 2001 to the shareholders’ right to know the identified as a civil case, whereby shareholders’ right to judicial relief has become an important part of shareholders’ right to relief. "Company Law" after the introduction of amendments to Article 34 in 2005, the country people’s court disputes shareholders’ right to know a significant increase. Through the study of the right to know the typical case, we find that shareholders’ right to know dispute has two characteristics: First, the focus of much controversy, have the right to know the subject of the dispute, there is scope for the exercise of the right to know the controversy, as well as procedures for exercising the right to information The dispute; two is the verdict differences, codefendant different sentence is widespread. Between this, the paper analyzes the typical case from the start, through a comparative study of relevant cases, on the basis of empirical statistics on our shareholders’ right to litigation-related issues were systematically analyzed, and the relevant comments and suggestions to solve the problem.This article is divided into four chapters. The first chapter introduces Wu Xiang et al. v. Jiade Com. Ltd, summed the focus of controversy in this case. including the right to know the qualification of the problem, the right to know the pre-litigation procedure, the exercise of the right to know the purpose of the issue, shareholders informed Right scope.The second chapter is by 112 cases of statistical data analysis, the main issues of the shareholders ’right to know dispute the analysis, to summed the litigation subject qualification, an improper purpose analysis, the scope of the claims, the shareholders’ right to know pre-litigation procedure views and opinions principal judicial judgments and other aspects, Combining the theory of company law and puts forward relevant opinions. The fourth chapter supplementary thinking Wu Xiang et al. v. Jiade Com. Ltd, discussion summary three main issues, namely the allocation of the burden of proof, Whether to exercise the right to know can be entrusted, for damages of damages based on abuse of litigious right for improper purpose, and puts forward some understanding of the relevant legislation.