Shanghai Lian Hua New Supermarket With New Wu Song Shareholders' Right To Know The Case Evaluation

The company law of the People's Republic of China explanation for the fourth time Principle passed On December 5,2016.The question of shareholders' right to know has caused a hot debate again.With the rapid development of the socialist market economy and the stock market ups and downs.The small and medium-sized shareholders are more and more urgently need to know about the company's operating and investment security.The shareholders' right to know is the right of fundamental rights.How to effectively protect the lawful rights and interests of minority shareholders is the realization of company law to maintain social and economic order.The embodiment of the legislative purpose to promote the development of the socialist market economy.Due to the academia to shareholders' right to know there is no unified definition and the real legislation also exist many problems.The judgments of shareholders' right to know generate differences,which Intensified the contradiction and conflict between shareholders and company's interests.At present,the protection of company limited by shares is more in the academic circle.In fact,the dispute of Limited liability company shareholder's right to know happen frequently.So this article mainly limited liability company shareholder right protection as foothold.A piece of the New Wu Song Company appealed to Lain Hue New Supermarket in 2010.As the shareholders' right to know the typical cases of dispute.The different judge verdict caused to think the protection of shareholders' right to know.In this paper,the test is in the perspective of the specific case of judicial practice.It is based on the specific case in the scope of shareholders' right to know as the breakthrough point.It's aim at the case of disputes.Through the analysis of the difference between the accounting books and accounting vouchers,the writer Analysis and determine the scope of the parties exercise their rights in the case.At the same time,by defining the legitimate purpose of meaning and the distribution of burden of proof,the writer clear the standard of identifying a legitimate purpose.In the end,the writer draw lessons from foreign related system and combined with the latest judicial interpretation draft.Then the writer suggests perfecting the system of limited liability company shareholder's right to know in order to build and perfect the system of shareholder's right to know in our country.The writer hopes to provide the beneficial reference for judicial organs dealing with similar cases in the future.