| The company is the most important type of the market economy,and is also a highly socialized civil organization.Its standard of behavior and the detail of the rules not only affect the protection of the shareholders' basic rights,but also have a positive effect on the stable participation in the market subject order and the sound foundation of the rule of law.The right to know of shareholders refers to a company's shareholders' right to know about the operation and decision-making of the company.The realization of shareholders' right to know is mainly through consulting company's account books and so on.Therefore,shareholders' right to inspect is the right of shareholders to enjoy their status.The company law should not only safeguard the legitimate rights and interests of the company,but also protect the shareholders' right to inspect.The legal system of our company only provides general provisions for the shareholders' right of inspection.For the qualification of the shareholders' right to consult and the scope of reference,we can not neglect the essence of the economy only in legal form,and improve the main and object issues of the exercise of the right to consult the shareholders in the legislation and the application of the law.In recent years,the lawsuit of the shareholders' right to know has been increasing,and the conflict of interests between the shareholders and the company is becoming more and more serious.In the end of August 2017,the judicial interpretation of the company law(four)has made a large amount of provisions on the shareholders' right to know the right to know,in order to guide the judicial practice.This article takes "the company law interpretation four" as the angle of view,selects the case of the shareholders' right to know the right to know in the three provinces and cities of the southwest of China,and makes an analysis of the case of the right to know of the shareholders in the three provinces and cities of the southwest of China.Good advice.This article is divided into four parts.The first chapter is the introduction,which first expounds the research significance and research status of the shareholders' right to know in our country,and combs the development of the legislation and the theory from the time frame.Secondly,I put forward the author's confusion about the lawsuit of shareholder's right to know.Finally,it explains the innovation of this paper,and gives some suggestions for the development and improvement of the right to know.The second chapter introduces the case data source of the empirical analysis and research.Through the retrieval of the web database of the referee's web,the North French treasure and other cases,we select the cases of the shareholders' right to know the right to know in the three provinces and cities of the southwest.In addition,data were collected and analyzed in order to conduct relevant empirical analysis.The third chapter is based on the judicial practice existing in our country's right to know the right to know,and through the study of the referee documents which have come into force by the people's court,this paper makes a further analysis on the predicament of the subject and the scope of the object in the current main judicial trial practice.The fourth chapter,through the in-depth analysis of the referee of the people's court in the main existing judicial practice,combines with the relevant foreign system and gives some suggestions on solving the practical predicament from the legislative and judicial levels,so as to improve the situation of the system of the shareholders' right to know the right to know and the different judicial cognizance in our country.It will only strengthen the protection of the right to know the shareholders,improve the litigation procedure to improve the efficiency of the lawsuit and reduce the cost of the litigation.At the same time,it is of great significance to strengthen the vitality of the market subject and stabilize the order of the market subject. |
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