The Shareholders' Right To Know System Research

Shareholders' right to know is the modern company system for protecting the legal rights and interests of the shareholders under the formation and development of an independent rights of shareholders,the shareholders exercise of shareholders' rights is the foundation of the other shareholders' right to know.Shareholders enjoy the company's right to know,this is the premise of shareholders to maintain their own rights and interests.In real life,the company has a lot of small shareholders or special is difficult to enjoy the shareholder's right to know,our country's corporation law although to regulation and protection of shareholders' right to know,however,the scope of shareholders' right to know the check on the relief way of legal bear great aspects,and there is no clear rules,or regulations is not reasonable,all these problems is our country in the protection of the judicial practice of small and medium-sized shareholders or special urgently needs to solve the problem.System of shareholder's right to know is derived from the knowledge between the shareholders and the company of the asymmetry of information,modern company system is the basis of the actual operation and management company in the ownership of the company and the company's operating separate,shareholders as actual investors don't actually management company directly,not understanding about the company's management information,shareholders if there is no effective channels accurately and fully understand the status of the company's operation and management,then the shareholders also cannot be guaranteed.Therefore,most countries and regions of the world,including China,have passed a law gives shareholders to understand the status of the company's right to know,however,the related rules and regulations is not perfect,has many loopholes and fuzzy,also has many problems in the application of the judicial practice.Therefore,I try to the shareholders' right to know system from four opposite do a systematic analysis,specific content as follows:The first part is about the simple overview of the system of shareholder's right to know.Shareholders' right to know is within the scope of a certain property rights and interests of a collection of various rights,concrete including access to power,the right to inquiry and check the candidate as a claim.The meaning of the system of shareholder's right to know is to protect the interests of the shareholders as investors,to ensure shareholder decision-making power and information symmetry,for the majority of investors to provide a good business environment,supervision and management of operation and management behavior at the same time.The second part is to explore the current our country existing development situation of the system of the shareholders' right to know.At present,the system of shareholder's right to know the main problems focus on the legislation in the shareholders' right to know of shareholders of access right system,shareholders' right to know of shareholders' inquiry right system and the shareholders' right to know of shareholders for check the candidate as the three aspects.In practice,the problem of shareholder's right to know is mainly reflected in the shareholder's right to know the main body that is not clear;Shareholders' right to know are violated,in a suit of shareholders' right to know the defendant that is not clear;Lack of uniform rules in the burden of proof allocation and the judicial relief procedures stipulated in the relevant problems such as inadequate.The third part is a brief introduction of some foreign developed countries and regions of the shareholders' right to know the status quo.Such as respectively introduce the right system of the relevant provisions in the United States and Japan;From the point of view of continental law system,describe the German inquiry right rules;Check for any claims that on the one hand,it mainly introduced the British examination system and France's auditor system,as well as Germany special investigator system rules.The results section of the fourth part introduced to enrich and perfect of our country's system of shareholder's right to know.About the access rights of shareholders,we should be clearly recognized qualifications of subject of the access rights of shareholders,clear right connotation of "legitimate purpose",and should be further defined the content of the shareholders' right to know about the burden of proof in litigation to assume.In addition,also should improve the system of shareholders' inquiry right,further refinement of shareholders' inquiry right related content,at the same time adding check the candidate as a system of right of claim,complete construction of check the candidate as a system of right of claim.Finally,perfect the shareholders' right to know the lawsuit relief program,to ensure the protection of the shareholders' right to know effectively.