An Empirical Study On The Unfair Purpose Of Shareholders In The Protection Of The Right To Know

The “unfair purpose” of the shareholders' right to know is an integral part of the protection of the shareholders' right to know.The definition of "unfair purpose" is to protect shareholders' right to know while restraining them appropriately to balance shareholders' rights and company benefits.In judicial practice,how to identify "unfair purpose" has become the key to the company's exercise against the shareholders' right to know.The ambiguity of legal regulation not only leads to the "illegal purpose" of the shareholders' right to know,but there are many disputes in the theoretical circle,and the judgment in judicial practice is also very difficult.This paper starts with the problems existing in judicial practice,and aims to reconstruct this system by sorting out relevant legislation at home and abroad and dividing the type of practice.The article is organized around the following four sections:The first part is the combing and induction of the sample.The main content is sample data statistics and analysis.The Alpha database was selected to analyze 600 cases that were randomly retrieved based on the shareholder's right to know.At the same time,100 of the referee documents involving “unfair purpose” were summarized and summarized.The second part is based on the previous big data visualization data,summarizing the three main problems currently in judicial practice and discussing them with the case.The third part is the combing of the trial criteria for the improper purpose of shareholders' right to know.Carding is the key to further clarifying how to judge the improper purpose of the right to know.It is analyzed by two dimensions,theoretical and practical.At the theoretical level,the relevant legislation at home and abroad is mainly used for reference and comparison,and the practical level is analyzed from the type of existence in practice.The fourth part is the reconstruction of the review criteria for improper purposes.First of all,we should accurately grasp the scope of the improper purpose.Then the theoretical basis of the “unfair purpose” review of the shareholders' right to know is proposed.Finally,based on this,we put forward suggestions for improvement,in order to improve the operability of the clauses of improper purpose and effectively alleviate the conflict of interests between shareholders and the company.