A Study On The Dispute Of Shareholders' Right To Know

Since the implementation of the revised company law in 2006,the shareholder's right to know litigation has gradually become one of the most active litigation types in judicial practice,and the shareholder's right to know dispute has become the main type of internal disputes.In recent years,the number of such cases has been on the rise,the good trust relationship between shareholders and the company has been broken,and the barriers between shareholders and the company have gradually increased.The deepening of such distrust undoubtedly brings huge obstacles to the survival and development of the company.The author will use the literature induction method,case study method,text analysis method and quantitative analysis method to sort out the relevant literature,study the current Chinese scholars on the dispute of shareholders' right to know the relevant theoretical views,summarize and analyze the current situation and achievements of legislation outside the region.Related data in the form of graph,table,and intuitive,analyze the data reflects the legislative and judicial status quo,through the sample case with domestic and international legal text,find the data behind the problems of general,universal,going to the status quo of the shareholders' right to know system in classic rendering and typing paper,finally,in view of the problems found in system of shareholder's right to know the perfect Suggestions are put forward.In the first part,I mainly put forward the issues discussed in the paper,enumerate important scholars' views,summarize the current situation and achievements of legislation outside China,and then write the author's research and writing methods.The second part of the article mainly discusses the basic concept,characteristics and legislative process of shareholders' right to know.The third part of this paper is the selection of Jizhong area(1).On the 168 cases of shareholders' right to know,through the summary and sorting of the cases,the selected effective samples were quantitatively analyzed through the quantitative analysis software of social science.Finally,the complex statistical data were visually presented in charts and tables,and the current situation and causes were analyzed.In the fourth part,through the reading,analysis and induction of literature and samples,this paper sorts out the main focus of the shareholder's right to know cases in the Jizhong area,conducts a typified induction and analysis of the related issues involved,and explores the real meaning of the law and the results directly caused by the law.The fifth part of the article puts forward some Suggestions to improve the problems in the dispute of shareholders' right to know.In the judicial practice in Jizhong area,the disputes of shareholders' right to know often occur because the laws and judicial interpretations are sometimes too general,and the operability is not strong.At the same time,due to the different understanding of the legal provisions by the judges of each court in the region,the lack of systematic and normative trial,and the unequal treatment by each local court have emerged.The improvement and progress of the system of shareholders' right to know should maintain the current norms on the statutory preconditions,judge the qualifications of different types of subjects,and define the definition standard of "improper purpose" of shareholders.On this basis,the shareholders should be given the right to copy the documents conditionally,the corresponding restrictions on the time and place of exercise of the right should be further regulated,and the independent inspector system should be introduced to better regulate the exercise of shareholders' right to know.On the basis of empirical research,the author analyzes the existing problems in the dispute of shareholders' right to know in order to provide useful reference for the development and improvement of shareholders' right to know in the Jizhong area and even in the whole country.