A Case Study On The Right To Know Of The Shareholders In China

With the continuous development of society and the continuous popularization of legal education in the country,the legal consciousness of shareholders becomes more and more strong.In recent years,more and more litigation cases have been caused by the infringement of the right to know of the shareholders in our country,but the legislator is mostly abstract in the legislation of the shareholders' right to know.The specific provisions to protect the right to know of the shareholders are not clear and detailed,and many disputes have been caused in the practice of judicial practice.In practice,because the legislation on shareholders' right to know at the national level is not clear,the judgments adopted by courts in different regions are not uniform.In September 1,2017,China promulgated the "judicial interpretation of company law four".To a certain extent,this Law perfects the legislative provisions on the shareholders' right to know in the company law,such as further clarifying that the identity of shareholders is the premise for the exercise of shareholders' right to know,but the former shareholders also have the right to exercise the right to know with the shareholders' right to know in a particular case,and to further clarify the burden of proof of the shareholders' improper purpose.Due to the specific circumstances of the purpose,the reason why the shareholders can not be used as a hindrance to the exercise of the right to know is clarified,and the liability of the shareholders to disclose the business secrets of the shareholders and the directors and executives on the indemnity of the company's documents can not be made clear.The emergence of these new provisions has solved many controversial issues in the prior shareholders'right to know,but after collecting and analyzing the cases,the author found that there are still some disputes in the litigation of the shareholders' right to know.Through the analysis of the case,the author finds that the issue of the shareholder's right to know after the introduction of the four is mainly concentrated on the two aspects of the shareholders' right to know the right to know and the scope of the exercise of the right to know the shareholders.There are five main problems,namely,the original shareholders' prosecution in the right to know of the shareholders.The problem of the qualification of the subject of litigation,the subject qualification of the hidden shareholders in the right to know in the shareholders,the problem of the subject qualification of the shareholders in the shareholders' right to know,the question of the original voucher and the checking of the accounting documents,and the copying of the accounting books of the company.The author combines the jurisprudence and practical point of view to study these five issues respectively and sums up his own views and suggestions.The author thinks that first of all,it is necessary to specify the qualification of the shareholders' right to know the right to know in the legal provisions,that is,whether the plaintiff,the hidden shareholder and the defective shareholder in the lawsuit have the qualification of the shareholders'right to know the right to know;secondly,the right to know the shareholders' right to know is not to be expanded in the form of the shareholder.The scope of the implementation of the right to know in the East.It is hoped that the above views and suggestions will be helpful to the perfection of the litigation system of shareholders'right to know.