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Discuss Of The Non-litigation Procedure Of The Case Of Shareholder’s Right To Know

Posted on:2017-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:H H LengFull Text:PDF
GTID:2336330488972508Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Shareholders ’right to information is a fundamental right of shareholders, it is in the basic position in the shareholders’ rights system. "Company Law" provides only shareholder at the time of the violation of the right to know can petition the courts to protect their own interests, but does not explicitly specify what procedures apply. At present, the use of judicial practice are proceeding shareholders’ right to hear the case in our country, of which there are many problems. Shareholders’ right to cases which are essentially non-litigation cases and non-litigation procedure shall apply to proceedings, in addition to following the general legal principle of non-litigation procedure, it should also have their own special trial rules. In addition to introduction and conclusion, this paper is divided into four parts:The first part is the problems of the case of the shareholders’ right to know apply to proceedings in the trial of cases. Through statistical analysis of shareholders’ right cases in recent years, the problems are: the long time trial, the high cost of rights, vulnerable to the violation of trade secrets, procedures apply dislocation.The second part is the theoretical analysis of shareholders’ right to apply to the case of non-litigation procedure. From the every view of the program proportionality principle, litigation costs and timeliness requirements, shareholders’ right to know have a case of the need to apply a non-litigation procedural hearing. The parties of the case of Shareholders ’right to know do not dispute the rights and obligations of the shareholders’ right, that the parties do not dispute the existence of civil rights and interests of entities, it is controversial whether they have achieved the conditions and the scope of implementation, which is mainly reflected in judicial practice legitimate aim "controversy", the pre-litigation procedure "controversial" and shareholder qualification "controversial". These types of "controversial" are the fact that the level of judgment, having non-litigation nature, has a high degree of fit with non-litigation procedure.The third part is comparative study outside shareholders ’right of cases, were investigated civil law and common law countries or regions on the way of the case of shareholders’ right to know. Civil law, such as Germany, Japan, France and Taiwan of China, Macao of China and other regions, through specialized non-litigation procedural laws or the Civil Procedure Law on the shareholders’ right to the use of non-litigation cases prescribed procedures to deal with, and provides an audit inspectorate system, particularly the inspectorate system, inspection system, the system of compensation to guarantee its implementation. Common law, such as the United States, Britain and China’s Hong Kong, with its tradition of civil action "type facts" in the trial proceedings, it does not distinguish between non-litigation procedure, but its specific systems and measures to shareholders’ right to deal with embodies the characteristics of a non-litigation procedure everywhere.The fourth part is the conceive of cases of non-litigation procedure about shareholders’ right to know. In the non-litigation procedure legislation mode of shareholders’ right to know, There are three ways: defined in separate of non-litigation procedural law, the provisions of the Civil Procedure Law, the provisions of company law. By legislative tradition of our country, our non-litigation procedure appropriate provisions in civil law, which supplemented by the provisions of the Companies Act. In addition to shareholders’ right case should follow the general legal principle of non-litigation procedure, it should also have their own special trial rules. These can be considered on the main program, the trial proceedings, the referee, as well as the implementation of relief and other aspects of the design.
Keywords/Search Tags:shareholders’ right to know, non-litigation procedure, the design of rules, efficiency of the procedure
PDF Full Text Request
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