The Realization Of Shareholder’s Information Right In China

The 21 st century is acentury of information.More and more examples,let us see the information under the asymmetry of the market game.According to the theory of information economics,the main reason for market failure is the existence of asymmetric information.In economic activities,many people use false information or hide important information in order to get better deals.It is precisely because there is such an unequal situation in the market that it will lead to the inefficiency of trading and even create market turmoil.In the corporate governance structure,the shareholder’s right to know is an important access to information,and legal norms are crucial.At the same time,we can see that in the international context,after the financial crisis,people are questioning and opposing the elite management model,and the traditional corporate governance has suffered a great crisis.As the core theory of market economy,contract theory becomes fragile under the impact of the financial crisis.Judicial administrative intervention may have reached a time limit.And how to achieve reasonable judicial relief is precisely the problem that this article is committed to study and solve.The study of the shareholder’s right to know is a further study of the system of corporate governance,the changing environment of market economy and the increasingly complex structure of economic organizations.The traditional companylaw has been greatly challenged.After the Fuxing incident,the fund industry association said that the financial infrastructure is not perfect,so we have to ask ourselves,where is the problem?The duty of information disclosure,which has always been an accompanying duty of loyalty in traditional economic theory,is performed by the main body consciously.There is no legal right.Therefore,our first company law does not provide for the right to know,which encourages the greed,unscruples,and the slack and selfishness of the directors.The article hopes to understand the evolution of corporate governance legislation and the cause of the internalization of the right to know through a deep analysis of the right to know.The first chapter analyzes the concept,attribute,system value and content of shareholder’s right to know.This part mainly introduces the shareholders’ right to know,laying the foundation for the analysis below.The author believes that the right of shareholders to know is derived from the democratic rights of citizens,which includes not only the right of citizens to know about the economic life they participate in,but also the right to know in the field of public law.According to the concept,the right to know is the embodiment of citizens’ right to freedom of information and the constitutional right.Basic human rights.The narrow sense of the right to know more from the spirit of private law contract,more specifically listed the scope of the right to know shareholders to travel,making people clear the meaning of their rights.The shareholder’s right to know has always been controversial in the status of rights.According to the theory of contract law,shareholders exercise their rights according to their obligations under the charter.In recent years,judicial practice has actually been accompanied by obligations,which is the embodiment of the modernization process of contract law from the traditional idea of pursuing formal justice to the pursuit of substantive justice.Expressing the state’s restrictions on the principle of freedom of contract,Is the expression of the legalization of private law.The indigenization of the attachment obligation makes the attachment obligation existing in the theory of science and judgment a statutory obligation,which makes the attachment obligation out of its subordinate position to the specific payment obligation.Thus become the general contract relationship to comply with the rules.The second chapter explains the inevitability of the evolution of the shareholder’s right to know and the various factors that influence the interest orientation of the company’s system.He said that under the conditions of a market economy,contracts have become the main form of economic exchanges and the main means of allocating resources.The contract system is the most important carrier in the transformation of resources and rights and the transformation of rights and rights.And the rules of the law,Making the autonomy of the contract more accessible to the people.It can be said that through the exchange of resources in the market,people gradually change the representation of interests into the form of rights,thus forming a legal contract system.It is more reasonable to analyze the shareholder’s right to know from the perspective of the contract,which combines freedom of choice and commitment to meet the needs of rebuilding the social structure.By the same token,the contract is also an indispensable system of corporate governance.The advantage of using the contractual perspective is that it is more concrete expression of the rights and obligations between the parties of different companies,including between shareholders,companies and shareholders,Legal relationship between shareholders and directors.At the same time,another advantage of the contractual perspective lies in the fact that the contractual relationship is also characterized by a long term,unavailability and uncertainty among the parties to the contract.This can reflect the characteristics and shortcomings of shareholders’ right to know.The article points out that ideology on a certain economic basis needs to be improved by a matching legal system,as well as the setting up of shareholders’ right to know.In addition to deepening the differences in corporate governance in Britain and the United States,we can also make use of differences in corporate governance,corporate finance,The securities market structure and the relationship between the political economy have been analyzed in detail,and these issues are of great significance to China.Because,The number of Chinese companies trying to raise funds through listed channels is increasing,and this will accelerate the development of China’s securities market.The third chapter is an analysis of the specific system of shareholders’ right to know,including the right to access,the right to question,and the right to seek information in the United States,Britain and Germany.Understand the core elements.He said that China’s legislative background should be compared with that of other countries.Chapter four,through the analysis of the latest judicial interpretation of the company law,expounds the deficiency and improvement of the system of shareholder’s right to know.The article also analyzes the enforceability of shareholders’ right to know and the litigation of tort compensation from the perspective of judicial practice.It is highly controversial about the changes in the scope of the right to know,and whether accounting documents can serve as the scope of the right to know has not been included in the four judicial interpretations.Because the legislation assumes that the accounting personnel act in accordance with the law,the statements give true feedback to the financial situation of the enterprise.However,actual cases often break through legislative restrictions in the form of individual cases.What we propose is to add a certain discount clause,without violating the principles of company law,It allows the judge to use the bottom clause to determine whether he can know,rather than simply dismiss the appeal without legal provisions.At the same time,it also involves competing rights in the exercise of the right to know.The fifth chapter is the conclusion,which will summarize and summarize the article,and emphasize the protection orientation of shareholders’ rights and interests in the system of shareholder’s right to know.