To Protect Rights Of Shareholders In The Context Of JUDICIAL INTERPRETATION OF CORPORATION LAW ?

Since the reform and opening up,China's economy has been developing rapidly.Behind the commercial prosperity,social conflicts have been increasing gradually.In the field of commercial law,the company law of the People's Republic of China(hereinafter referred to as "the company law")amended in 2013 stipulates that shareholders establish companies to implement subscription system,which leads to a surge in the number of companies and the consequent increase in disputes over shareholders' rights.Through studying the cases of disputes over shareholders' rights and interests accepted by courts all over the country in recent years,the author found that the number of disputes over shareholders' right to know increased significantly after 2013.As the most core and fundamental right of shareholders to safeguard their own rights and interests,this right has important research value.Shareholders' right to know is mainly by the laws and regulations,such as the company law and its judicial interpretation on rules,but the company law and other laws and regulations of the provisions of the shareholders' right to know is not perfect,the scope,as the purpose and the burden of proof is not clearly defined,especially in the definition of the concept of still fuzzy.In judicial practice,there are many cases of "same case,different judgment" because there is no uniform standard when courts try cases of shareholders' right to know.On September 1,2017,THE SUPREME PEOPLE'S COURT ON SOME ISSUES OF APPLICABLE COMPANY LAW OF THE PEOPLE'S REPUBLIC OF CHINA REGULATIONS(IV)(hereinafter referred to as "THE JUDICIAL INTERPRETATION(IV)")formally implemented,THE JUDICIAL INTERPRETATION(IV)in order to solve the problem of shareholder's right to know the case the referee in the judicial practice,to the provisions of the shareholders' right to know the further in the protection of shareholders' equity has taken a solid step.In this context,this article released in early 2018 the supreme people's court case-Li Yurong and other four shareholders and the guidance of Jin Muxin farmers limited liability company shareholders' right to know the dispute case as the research object,using the research methods of law,closely combining with THE JUDICIAL INTERPRETATION(IV)the latest regulations,the case involved in analyzing the three main contention.In the process of studying the case,the author also finds that the provisions of THE JUDICIAL INTERPRETATION(IV)on shareholders' right to know are still not perfect,especially on the scope of shareholders' right of access.At present,the legislation tends to continuously strengthen the rights of shareholders,but the author believes that the rights of shareholders should not be protected too much.At the same time,the interests of the company should also be considered,and the unilateral protection of shareholders' right to know is not in line with the value orientation of fairness and justice.The protection scope of shareholders' right to know is the result of the game between shareholders' rights and the interests of the company.Finally,this paper attempts to start from the perspective of corporate information disclosure,based on the current business environment in China,to build the information disclosure system of all companies except listed companies,hoping to fundamentally solve this legal problem.