On The Legal Exercise Boundary Of Enterprise Shareholders' Right To Know

With the further relaxation of the restrictions on the registered capital of companies in "Act of Company",the number of the registered companies has grown rapidly.In the new era,the Chinese market economy grows steadily,but the number and complexity of the rights and interests disputes between companies and their shareholders also rise constantly.The right-to-know disputes of these cases related to the most basic rights and interests of shareholders attract wide attention from all walks of life.They play an irreplaceable research role in creating a healthy and orderly internal operation and management environment and protecting the other legitimate rights and interests of shareholders from infringement.The right-to-know content of shareholders involved in "The Act of Company of the People's Republic of China "(hereinafter referred to as "The Act of Company)is further refined and improved in " The 4th Provision of the Supreme People's Court on Several Issues Related to the Application of the Act of Company "(hereinafter referred to as " The 4th Provision of the Act of Company)in 2017.The access scope of enterprise documents related to the shareholders' right to know for shareholders as well as the manifestation of improper purposes shall be supplemented on the basis of the original provisions.However,in terms of judicial practice,there is still a legal gap in the dispute focus of the case related to the dispute of the right to know of shareholders.When there are different opinions between a company and its shareholders about the exercise legality of the right to know,judge always make different judgments for the same dispute focus of different cases.It is cased by the lack of clear legal norms as a reference,A dispute case about Li Jun's lawsuit against the shareholders' right to know of Rongyi Holding Co.,Ltd is taken as an example in the paper.The practical operation experience and academic theory related to the dispute of this case are introduced and analyzed.The exercise boundary of shareholders' right to know and the legality of the exercise purpose are discussed.It is hoped to provide some effective reference for the construction and improvement on the Chinese system of shareholders' right to know.First of all,the focus of the dispute is summarized and analyzed briefly through the introduction to the case.Then,the exercise boundary of shareholders' right to know is further discussed from various perspectives,including the provisions on the effective exercise scope of shareholders' right in the current law,the distribution of the burden of proof between the two parties in the aspect of the judgement of the improper purpose of shareholders' access to accounting books in judicial practice and the restrictive conditions about shareholders' access.The contradictions and disputes about the application of the former legal norms are put forward.Finally,some corresponding suggestions and measures are put forward from the perspective of protecting the legitimate rights and interests of the company and its shareholders from illegal access.It is aimed to achieve the restriction and balance of the interests of the company and its shareholders.