Research On Shareholders' Right To Know

As an important part of a company,The existing laws and regulations have made detailed provisions on the rights enjoyed by shareholders,such as the right to vote,the right to vote and the right to gain,the exercise of shareholders' right to know is a prerequisite for the realization of the rights of other shareholders.Ensuring the healthy operation of the company and effective supervision of the company is one of the important factors for the healthy development of our economy.By exercising the right to know,shareholders can not only understand the daily operating conditions of the company,We can also find out whether the interests of ourselves or the company have been infringed in time.Therefore,how to better protect the right to know of shareholders has become the focus of the current corporate litigation cases in China.The inconsistency of information between the company and its shareholders is an important factor in triggering disputes among shareholders about the right to information.A distinctive feature of the modern company system is the separation of company ownership and management rights.It is inevitable that shareholders who are actual investors do not directly participate in the company's daily management and do not understand the company' s business information.Under such circumstances,if there is no effective way to protect shareholders' accurate and comprehensive understanding of the company's operating information,the legitimate rights and interests of shareholders cannot be guaranteed.In the legal system of shareholders' right to know that is based on the"Company Law",regarding the protection of shareholders' right to know,the protection of shareholders' right to know is not optimistic.Through the analysis of disputes over shareholders' right to information that have occurred in the past decade or more,shareholders,especially small and medium shareholders,can say nothing about the company's business information,leading to a trend of increasing shareholder's right to information disputes year after year.Damage to shareholders' interests occurs from time to time.Because of the imperfection of substantive law and the lack of remedy system of shareholders' right to know,shareholders' right to know is not willing to remedy through judicial procedure or it is difficult to protect their legitimate rights and interests even if they resort to law.In the long run,whether for the shareholders or for the long-term interests of the company is not beneficial.In this paper,the Supreme People's Court promulgated and implemented "the provisions of the Supreme People's Court on the application of the law of the People's Republic of China company(four)",as an opportunity to analyze and summarize the cases of the disputes on the right to know of the shareholders in our judicial practice,and to find out the handling of our country.The problems in the process of shareholders' right to know the right to know,and put forward their own perfect suggestions on the problems existing in the process of dealing with the rights of the shareholders' right to know,in order to better protect the shareholders to achieve their own rights and interests.