The Study On The Legal Issues Of Shareholders' Right To Know In Limited Liability Company

With the rapid development of China's economy in recent years,the operation mode of enterprises is gradually complex,and the management mode is more and more diverse.The attribute distinction between shareholders and the company is becoming more and more clear.The management right and ownership of the company are independent and separate from each other.Shareholders only separate from the actual operation of the company as property owners,which often leads to shareholders' inability to know the actual operation status and operation information of the company they should know,and then infringes the shareholders' right to know.The right to know of shareholders is the premise to exercise other rights.If the exercise of shareholders' rights can not be effectively protected,the protection of the realization of shareholders' interests will be impossible.In order to enable shareholders to exercise their own supervision and management rights,the disclosure of the company's relevant business information has become the focus of judicial practice.However,there are always loopholes and problems in the protection of the right to know.Although the law of our country has made continuous progress in the protection of shareholders' right to know,the constantly adjusted law will have a significant impact on the protection of shareholders' right to know.Since 2014,there have been more than 3900 litigation cases involving the dispute of shareholders' right to know,and the trend is on the rise.The provisions of the Supreme People's Court on Several Issues concerning the application of the company law of the people's Republic of China(IV)("judicial interpretation IV")which came into force on September 1,2017 made more detailed provisions on the dispute focus in the practical dispute of shareholders' exercise of the right to know.According to the practical experience of the court in dealing with legal disputes of company type,the judicial system of our country is more aggravating The protection of shareholders' right to know should be considered at the level of legislation,in order to improve shareholders' right to know at the level of judicial relief.However,in recent years,the increasing number of shareholders' right to know litigation undoubtedly indicates that there are still many disputes in practice cannot be resolved.Through combing the disputes of the shareholders' right to know in practice,aiming at the focus of the disputes,combining with the legislation of other countries,this paper analyzes the shortcomings of the current legislation,puts forward suggestions to improve the implementation of the protection of the rights,better protect the interests of shareholders and the interests of the company,and hopes that this study can contribute to the improvement of the judicial practice of the protection system of the shareholders' right to know A force.