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Research On Shareholder's Right To Know System

Posted on:2020-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:S W YangFull Text:PDF
GTID:2416330572976755Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The most important and essential part of the content of the rights owned by the shareholders of an enterprise is the right to know,which is the key right to promote the efficient use of other rights and interests of the shareholders.Therefore,the perfection of shareholders' right to know is the premise to ensure the realization of shareholders' rights,and it is imperative to perfect the system of shareholders' right to know.The concept of modern enterprise management is that all rights and management rights of enterprises are exercised separately by different rights holders,and most of the shareholders of enterprises will not control the daily operation of enterprises.It often occupies a disadvantage in the control of all kinds of business affairs and data in an enterprise.The asymmetric information makes it impossible for shareholders to really understand the state of the company's operation and legal rights and interests.Vulnerable,the latest formulation and release of the company law and other related legal system in the old legal content,further to the enterprise shareholders' right to know made a more detailed definition,but there are still shortcomings.This paper analyzes the deficiency of shareholders' right to know from the point of view of the shareholders' right to know,and makes a more mature improvement to the relevant legal system of our country by referring to the system of shareholders' right to know in other countries.The primary content of this article is to study the knowledge rights of the shareholders of the enterprise in-depth academically.This paper expounds the definition of the shareholders' right of knowledge,and points out that the shareholder's right of knowledge is not a single right,but also the aggregate of many rights and interests.In the global modernization environment,the domestic shareholders' knowledge of the latest situation of the rights protection system and the shortcomings exposed,thus pointing out that the current relevant laws in the shareholder inquiry rights,shareholders' query rights,There are many deficiencies such as the right to supervise the appointment and removal of inspectors.These shortcomings are usually reflected in the expansion of the domestic law to the shareholders' right to inquire,and the shareholders question them.Ask about the scope of the object of the right,the relief work after the loss of the content of rights and interests,know the scope of application of the right and supervision of the factors arising from the lack of appointment and removal.The next content is to express the reference of other national legal norms related to the legal system of shareholders' right to know and protect the right to know,and so on.This paper compares the latest data of legal norms of common law system and civil law system with the legal norms of shareholders' right of knowledge in China,and concludes that the legal norms of knowledge rights of shareholders in China are worthy of reference and absorption.The last point is to improve the current legal system of shareholders' knowledge of rights.The author plans to The improvement opinions start from three aspects: the right of inspection,the right of inquiry,the right of the examiner to choose and claim,respectively,from the subject and object of the entity of each right,the procedural execution,the remedy right and so on,pointing out the perfect suggestion of each right.
Keywords/Search Tags:shareholders' right to know, right of inquiry, right to address questions, right of request for appointment of examiner
PDF Full Text Request
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