On The Distribution Of Proof Burden In Litigation Of Shareholders' Right To Know

The onus of proof is always called the backbone of civil lawsuit and plays an important role in civil lawsuit.The distribution of the proof burden is an important aspect of civil lawsuit.In the case of two parties unable to reach an agreement,there is a dispute in it,where the parties prove their evidence directly to determine whether the claim or litigation request of a litigant is established or not.To ensure the smooth progress of civil proceedings and to realize the parties' claims,the onus of proof must be rationally distributed between the parties.The right of shareholders to know is the right of shareholders of a company to understand the company's information and therefore is an important right for shareholders.Litigation of shareholders' right to know is one of the specific branches of civil litigation.the increase of the number of disputes about current shareholders' right to know in our country,and the application of legal chaos by the court on the scope determination and allocation criteria of the proof burden in such cases make the issue of the distribution of proof burden on shareholders' right to know particularly urgent.With the development of society and economy,the stratification of theory and practice makes the courts in practice unable to handle such cases.On the one hand,the parties are puzzled in what kind of evidence should be followed by the rules of evidence submitted to make their own appeal to the court approval;On the other hand,given that there is no clear legal provisions,the court has no idea about how to determine the scope of onus of proof on such litigation,which greatly reduces the efficiency of litigation,leading to difficulty in resolving disputes.In view of the system design of the distribution of proof burden on the macroscopic view and the distribution of proof burden of shareholder's right to know on the microscopic view,the two legal systems provide ample and theory reference for our country in the rules of distribution and the distribution of proof burden of shareholder's right to know.The cases of shareholders' right to know are more diversified due to different demands of shareholders,and the laws and regulations have different provisions on how to exercise their specific contents.Therefore,it is difficult to enumerate the parties' onus of proof with a unified standard.Based on the reference of the excellent experiences of the two legal systems on this issue,this article tries to take the special legal factors of our country into consideration,and concretely solves the litigation problems of the distribution of proof burden of our shareholders' right to know,so as to run the effectiveness of the transition of obligatory rights into actual rights.In addition to the introduction and conclusion,this article is divided into following five parts:The first part analyzes the status quo of the distribution of proof burden in the litigation cases about shareholders' right to know in our country,and summarizes the causes of the existing problems.The two main contents are as follows: it firstly figures out that the distribution of proof burden in the litigation of our shareholders' 'right to know is lacking in legislation and the practice is confused,and then analyzes cause of the distribution of proof burden about our country's litigation on shareholders' right to know.It is pointed out that not only the legislation of proof burden in the lawsuit of shareholders' right to know,but also the principle legislation of the onus of proof itself is absent.This section analyzes the reasons why there is no legal regulation of the general onus of proof rules and the litigation of shareholders' right to know needs special rules.To begin with,the second part interprets the general rules of evidence in civil litigation,including the scope of its distribution criteria.On this basis,it points out that the distribution of proof burden on shareholders' right to know has its own particularity.It can not only apply the general rules of the distribution of proof burden.The third part analyzes the existing types and scope of the litigation of shareholders' right to know in our country.The specific path of the litigation's distribution of proof burden corresponds with this.Based on the relevant legislation examples of the distribution of proof burden for the litigation on foreign shareholder's right to know,the author expounds her own opinions one by one,and emphasizes that specific path of the distribution of proof burden on this kind of litigation can be chosen for our country's shareholder right to know.On the basis of clarifying the connotation and denotation of relevant scope of litigation of shareholders 'right to know,and fully using the advanced theories and legislation of other countries for reference,the fourth part designs the framework of the distribution of proof burden on litigation in our country's shareholders' right to know in general,including the appropriate restrictions on right of shareholders,abiding by the rules of the distribution of proof burden for infringement disputes,specifying the distribution of proof burden for the legitimate purpose of shareholders,to lay the foundation for the specific start.The fifth part draws lessons from the extraterritorial legislation and the theory,combined with the application of the distribution of proof burden of litigation in our country,the author puts forward the concrete conception of the distribution of proof burden on the litigation of the shareholders' right to know.The stone of other hills can attack jade.Through comparatively perfect analysis,the author puts forward the design of the concrete the distribution of proof burden related to the lawsuit.Although there are some imperfections in this analysis program,it is of great significance to the study of the distribution of proof burden on the litigation of shareholders' right to know in the future.