One Research And Positive Analysis On The Judgments Of The Limited Company Shareholder's Right To Know

In recent years,there are lots of the shareholders' right to know cases.The shareholders' right to know disputes have become third major types of disputes of internal disputes in company,which reflectsthe increasingly reflects between small shareholders and largeshareholders.They do not trust each other.In practice,the judgment criteria are vague,or there are loopholes in the law.For the same focus of controversy,different courts may give different judges,and some even diametrically opposed.There is a big uncertainty when courts deal with the shareholders' right to know disputes.Above all,from the microscopic point of view,the results is sharping the company's internal disputes,it will aggravate the crisis of trust between the shareholders.From a macro perspective,it is not conducive to China's rapid economic development.Therefore,study on the shareholders' right to know disputes to find a method.Making the company morehealthily and orderly,is the intention of this article.I use the method of literature survey,case study method and comparative analysis,the literature review to find the current research scholars view of shareholders' right to know disputes.By reading the judicial practice of our country court verdict,understand the referee path of shareholders' right to know disputes cases,and the referee,try to find a clear relief way in dealing with the shareholders' right to know disputes.The plenary session of the judicial committee of the Supreme Court deliberated adopted " Judicial Interpretation of Company Law(four)"(Draft)in December 5,2016.I also discuss,analyze and evaluate the new provisions on the shareholders' right to know in " Judicial Interpretation of Company Law(four)"(Draft)The first part of the article,I mainly write a statistical analysis of the cases,to find the problem in the judicial practice,process problems,and then write the research methods.Summarize and summarize the representative documents in the field of shareholder's right to know.The second part of the article,mainly for the first part of the problem,I will talk about the basic concepts and theories related to the discussion,summarizes the practice of judicial practice,lists the important scholars' point of view,and then gives my own point of view.The third part of the article,I chose 224 cases about the shareholder's right to know in recent years.After reading,analyzing,reorganizing and collecting,I conclude some dispute points about the shareholder's right to know in judicial practice.The forth part of the article,I will evaluate the provisions of the" Judicial Interpretation of Company Law(four)"(Draft)in the relevant part of the shareholder's right to know.First I analyze the true meaning of the law and the direct result of the provisions.But I have different views on certain provisions,I analyse the deficiencies and the errors,and put forward my own proposals.