The Case Analysis On Shareholder's Information Rights Dispute Of Xu V. Real Estate Co.Ltd

Since the reform and opening up,the company plays an increasingly important role in social development,which has made an inestimable contribution to the development of our economy.Traditionally,the ownership and management of the company are merged.However,the mostly modern company is in a state of separation between ownership and management operators.With the development of society,company management increasingly towards go to specialization,most shareholders are not participate in the company's operating business.In this case,communication barriers will inevitably exist between shareholders and the company,and interests even conflicts between each other.Fortunately,shareholders' right to know as a bridge between shareholders and company,plays a very important role.The shareholders'right to know refers to the shareholders' right to obtain the relevant information of the company based on the shareholders' qualification,so as to know the actual operation and management of the company and safeguard their own legitimate rights and interests.The Case Analysis on Shareholder's Information Rights Dispute of Xu V.Real Estate Co.Ltd,its controversial focus mainly include subject of right,consult the legitimacy problem right purpose,the statute of limitations,which is universal problems in the practice,the author combines the regulation of our country company law and relevant judicial explanation and analysis these problems by using related theory.In the paper,Xu in this case as flaw shareholder,could not affect the exercise of the shareholders' right of information,because whether it's based on legislative intent or the basic principle of unity of rights and obligations,the flaw shareholders owned the qualification of shareholders,so it should have the shareholders' right of information.Meanwhile,Xu in this case to consult the accounting books of the company's purpose should also be proper.Although in the judicial practice,the question has always been controversial,there is no denying that setting Pre-processors of this right has its necessity,the criteria standards could not be rigid,we should base on considering various factors and make a concrete analysis in view of the specific case.Finally,as to the limitations,the author thinks that,from the legislative purpose of shareholder's right to information as well as their own nature,due to the shareholders' right to know is not a real sense of identity,it is based on the contract between the company and the shareholders,shareholders' right to know should not apply to general years of the statute of limitations.But we can,according to the specific case,lay down corresponding limits,so as to make shareholders actively exercise the shareholder's right to know,and also ensure the normal operation and management of the company.