Conflicts Between Shareholders' Access Rights And Company Trade Secret Rights And Legislative Proposals

Shareholders' right of access refers to the right of the shareholders of the Company to enjoy the many documents of the company.The trade secret right means the exclusive right of the company to its trade secrets.In the judicial practice,the shareholders may refuse to be consulted by the company for the purpose of improper purpose in the exercise of the right of access.The company has concerns about the leakage of trade secrets.How can the two rights be resolved? Analyzes and discusses the essence,manifestation and causes of the conflict,and puts forward some legislative suggestions for the shareholders' right of access and coordinate the conflict between the two and protect the interests of the shareholders and the interests of the company.This paper first analyzes the meaning of the right of access in the right of self-interest or mutual benefit,the inherent or non-tenure,the sole shareholder right or the minority shareholder's nature,from the view of the shareholder's right of inspection and the meaning of the company's trade secret right.To define the nature of commercial secrets belonging to intellectual property rights.Secondly,by analyzing the related issues of conflict of rights,it is concluded that the essence of the conflict of rights is the conflict between interest and value.The right of access and trade secret is mainly expressed as conflict of rights,legal principles and exercise,the reason for the conflict is the imperfection of the legal system and the difference in value.Finally,under the coordination of the principle of equal protection of rights and the principle of balance of interests and values,the author puts forward the legislative proposal of perfecting the right of access to shareholders,specifically the subject of clear access right,the way of reviewing the entrusted agent,improving the access procedure,The purpose of both.