Research On The Right To Know Of The Shareholders-Comment On The Judicial Interpretation Of The<company Law>(Four)

The right to know of the shareholders is an important part of the modern company system.It is a fundamental right of the shareholders.In order to maintain the legitimate rights and interests of the shareholders,it is the basis for the shareholders to exercise other rights.Under the current social and economic system,the ownership of the company is separated from the management right,and the shareholders are not directly involved in the company's operation,which leads to the narrowing of the way for the shareholders to obtain the company's information.If the shareholders' right to obtain company information can not be effectively and effectively protected,it is difficult for shareholders to understand the financial information of the company and other management information.It is very easy for the company operators to make use of the information advantage mastered to harm the interests of the shareholders.In the legal system of various countries,the shareholders' right to know is stipulated.In our country,the company law also stipulates the exercise and relief of the right to know of the shareholders,but there are no regulations or loopholes in many details,which leads to the dispute on the cases of the shareholders' right to know in judicial practice because of the lack of referee standards.In August 2017,the judicial interpretation of the company law(four)(hereinafter referred to as "judicial interpretation(four)")issued by the Supreme People's Court(hereinafter referred to as "judicial interpretation(four)")made more detailed provisions on the shareholders' right to know.In this context,the judicial interpretation of the company law(four)has an analysis and Discussion on the new provisions on the right to know of the shareholders.valueThe first part of the article focuses on the theoretical basis of shareholders' right to know.The right to know of shareholders is the fundamental right of shareholders as investors.It comes from the separation of the right of management and ownership of the company under the modern enterprise system.Then,the extension of the shareholders'right to know is obtained from the legislation of various countries.Finally,the nature of the right to know of the shareholders is studied.The second part of the article makes a detailed exposition of the exercise of the right to know of the shareholders.The judicial interpretation of the company law(four)has made new regulations on the main body of the exercise of the right to know,the restriction of the exercise of the agent and the execution of the agent and so on.It stipulates the scope of the exercise of the qualification of the main body,and defines the scope of the improper purpose.In the third part,the article analyzes the new regulation that the articles of the company's articles of Association(four)can not deprive the shareholders of the right to know,and defines the autonomous boundaries of the company's articles of association to restrict the exercise of the right to know.The fourth part of the article has combed the compensation liability of the parties concerned in the judicial interpretation(four),including the liability of the shareholders,the liability of the agent and the liability of the directors of the directors of the company.The conclusion part summarizes the viewpoints of the full text,and reiterates the importance of the protection of shareholders' right to know.The second part of the article makes a detailed exposition of the exercise of the right to know of shareholders.The judicial interpretation of the company law(four)has made new regulations on the main body of the exercise of the right to know,the limitation of the exercise of the right to know and the execution of the agent and so on,which stipulates the scope of the exercise of the subject qualification,and defines the scope of the improper purpose.In the third part,the article analyzes the new regulation that the articles of the company's articles of Association(four)can not deprive the shareholders of the right to know,and defines the autonomous boundaries of the company's articles of association to restrict the exercise of the right to know.The fourth part of the article has combed the compensation liability of the parties concerned in the judicial interpretation(four),including the liability of the shareholders,the liability of the agent and the liability of the directors of the directors of the company.The conclusion part summarizes the viewpoints of the full text,and reiterates the importance of the protection of shareholders'right to know.