Research On Judicial Practice Of China's Shareholders' Right To Information

The development of the modern economy has gradually prompted the company to form a business model in which the two powers are separated,that is,the owner of the company does not of course participate in the management of the company,and the actual operating controller of the company does not necessarily own the equity of the company.Under such a mode The exercise of the shareholders' right to information is undoubtedly an important channel to protect shareholders' understanding of company information and an important guarantee for realizing the rights of other shareholders.Articles 33 and 97 of the Company Law respectively provide corresponding provisions on the shareholders' right to information.However,there are still many disputes involving judicial shareholders' right to information in judicial practice.The "Company Law Judicial Interpretation(4)n officially implemented on September 1,2017 has made detailed provisions on the right to information shareholders' rights,but the "Company Law(4)" has solved some problems.At the same time,it has avoided some problems and left to the theoretical practice to continue to explore.Shareholders' right to information means that the shareholder is the owner of the company and has an undeniable right to information the basic information about the company that is of vital interest.The protection of the right to information not only protects the need for shareholders to obtain the benefits they deserve,but also the necessity of supervising the company to regulate its operations and management.At present,the legislative status quo of China's shareholders' right to information is mainly to clarify the remedies when the subject,scope,specific mode of exercise and the right to information of the shareholders' right to information are legally stipulated.The legislative protection of the right to information abroad and the different places in China are mainly reflected in the subject qualification requirements of the right to information,the scope of the right to information,and the way to protect the right to information.The enlightenment of foreign legislative experience to China includes that China's legislation should clarify the rights of the Subject,and expand the scope of the right to information and the provisions of the system for selecting examiners.Through the retrieval of a large number of cases involving disputes over the right of shareholders to information,the number of cases of disputes over the right to know about shareholders in China has generally been in a rising trend,and the disputes mainly occurred in areas where the economy is relatively well developed,such as Beishangguang.The main focus of the company includes the requirement of the limited liability company's shareholders to check whether the accounting books can use the specific application methods such as lawyer's letter and court summons,whether the purpose of checking the accounting books is justified,and whether the identity of the shareholders who request the right to information is flawed.The research through these cases also reflects that there are still some problems in the judicial practice of China's shareholders' right to information,mainly including the fact that the qualifications of the rights of the shareholders' right to information are not clear,the scope of the right to information that the shareholders can request is small,and the shareholders' right to information The remedy alone and the civil liability for damage to the company's' right to information are not clearly defined.In response to these problems,it is suggested that the law should clearly stipulate the identity of the subject of the right to information shareholders' rights,expand the scope of exercise of the shareholders' right to information,introduce the system of selecting examiners,and clarify the civil liability for infringement of the shareholders' right to information.