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Research On The Exercise Of Shareholders' Right To Know From The Perspective Of Interest Balance

Posted on:2020-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:F FangFull Text:PDF
GTID:2416330596478266Subject:Economic Law
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In a wide variety of forms of economic organizations,the company is considered to be the most to adapt to the modern social production mode,the scale of production and market economy development request of enterprise organization form,it is in the social,political,economic,cultural,legal plays a pivotal role in life,a state within the territory of the company operate efficiently and even can be said to be the key to the country's economic growth.However,the company is also the focus of interests,conflicts of interest in the company everywhere.According to whether the equity is controlled by a few major shareholders,the company can be divided into two modes: equity dispersion mode and equity concentration mode.As long as the management,it is necessary to strengthen the supervision of shareholders to the management so as to alleviate the agency problem.which needs to be protected to achieve substantial equality.Whether it is to alleviate the agency problem or to protect minority shareholders,it is on the premise that shareholders and minority shareholders know and understand the relevant company information.In this sense,the exercise of shareholders' right to know plays a fundamental and preliminary role in the balance of corporate interests.This is the first aspect of the "balance of interests in the exercise of shareholders' right to know" studied in this paper.Although the existence of rights itself will not cause conflicts,the exercise of rights in a specific legal context must endure the "legal" infringement of other rights,so when both sides claim their own legal rights,it will cause conflicts of rights.Interest conflict is the essence of right conflict,and right conflict is the performance of interest conflict.Right conflict solution at present academia has said "status","equality" and "right" three kinds of theories,the guide of equity,this paper tries to explore the boundary of the shareholders' right to know,to the academic hot issue now(subject qualification,improper purpose,etc.)for thinking,and puts forward Suggestions on perfecting the system of shareholder's right to know,this is studied in this paper "the interests of the shareholders' right to know exercise balance problem" of the second aspect.This paper first puts forward the theoretical basis of shareholders' right to know,and mainly discusses the definition,basic content and legal attributes of shareholders' right to know.Secondly,it focuses on the role of shareholders' right to know in the equity of corporate law.Thirdly,it focuses on the hot issues of the current shareholder's right to know system and makes some reflections from the perspective of interest equity.Finally,the author puts forward some Suggestions on the right to know system of shareholders in the evening from the perspective of interest equity.
Keywords/Search Tags:Shareholders' Right to Know, The right to exercise, Conflict of Interest, Balance of Interest
PDF Full Text Request
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