Research On Shareholders' Right To Know

With the continuous development of the society,the operation and development of the company play a crucial role in the market economy.As the direct investors of the company,shareholders' interests are closely related to the company's operation.In the modern company management system,shareholder ownership and corporate management separation,shareholders to invest only and expected returns from investment,not in the company's management,which leads to shareholders cannot be real and effective to obtain relevant information about the company's business,not conducive to the protection of the shareholders' rights.With the continuous enhancement of shareholders' legal awareness,the number of lawsuits concerning shareholders' right to know has been increasing in recent years.The litigation disputes over shareholders' right to know have become one of the three major disputes within the company.In judicial practice,there are still many controversial issues,and different courts have made different judgments.In this case,internal contradictions of the company cannot be effectively solved,which will affect the normal operation and management of the company,and even affect the smooth operation of the market economy.Therefore,how to ensure shareholders to obtain real and effective company information and reasonably exercise shareholders' right to know has become an urgent problem to be solved.Shareholders' right to know is a basic right of shareholders,which is not clearly stipulated in law.There are different views on the concept and nature of shareholders' right to know in the academic circle.However,it is undeniable that the most fundamental purpose of shareholders is to realize the return on investment,which depends on the exercise of shareholders' rights.The form of shareholders' rights is based on the understanding of the basic information of the company.Shareholders' right to know is a right to know the relevant information of the company,which lays the position of shareholders' right to know.However,the exercise of a right is not unlimited,if not a right limit,can cause the abuse of rights,the shareholders' right to know is likely to be means to seek personal gain,therefore,in order to balance the interests between shareholders and the company,for the exercise of shareholders' right to know shouldalso make corresponding limits.which stipulates the scope of the exercise of shareholders' right to know,as well as the ways of the exercise and relief of shareholders' right to know.At the same time,it also makes corresponding restrictions on the form of shareholders' right to know,such as the shareholders of limited companies can only consult the accounting books when exercising their right to know,and the restrictions on the proper purpose of shareholders in exercising their right to know,etc.However,there are still some loopholes in some details,leading to some disputes in the academic circle.In August 2017,the new "" company law " " issued the fourth interpretation,which made more detailed provisions on the relevant content of shareholders' right to know and solved some controversial issues.Under this framework,this paper will analyze the legal protection of shareholders' right to know.The first part of the article is the basic overview of the shareholder's right to know system.In this paper,the author puts forward some controversial points in the academic circle and the author's own views.Finally,it discusses the significance of establishing shareholders' right to know,indicating the positive role of shareholders' right to know.The second part of the article,is an overview of the exercise of shareholders' right to know,mainly for the exercise of shareholders' right to know the subject of the controversy.These four subjects are the shareholders with defective capital contribution,the original shareholders who no longer have shareholder qualification,the new shareholders and the anonymous shareholders.The author believes that there are still disputes in the academic circle and there are no clear provisions.The author puts forward the corresponding views.The third part is the scope and implementation of shareholders' right to know.For different types of companies,the scope of shareholders' right to know is also different.In particular,there is a big controversy in the academic circle about whether accounting vouchers can be consulted.In the fourth interpretation of the new company law,the author clarifies the determination of the improper purpose for shareholders to exercise the right to know.At the end of this part,it discusses the ways to realize the shareholders' right to know,including the active and passive exercise of the shareholders' right to know.In the fourth part,the author analyzes the problems between the exercise of shareholders' right to know and the protection of trade secrets.The last part of the article,in view of the previous part of the controversial problems,combined with the extraterritorial legislation of shareholder's right to know,to the shareholders' right to know provisions of contentious issues put forward its own Suggestions,especially check the candidate as a system set up,the system calls is higher in recent years,in the new "company law" to explain is the result of 4,the author discusses the practical significance and feasibility of the system is set up.The author expects that in the future legislation,the relevant provisions on the right to know of shareholders in China will be more perfect,so as to better protect the rights of shareholders and protect the rights and interests of shareholders.