Study On Determination Of "Substantial Derivation" Of Shareholders' Right To Information In Limited Liability Companies

To protect shareholders' right to know better,company law in various countries tend to strengthen the protection.In 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),China clearly denied the effect of "substantial deprivation" of shareholders' right to know by the company's will to further protect the right to know.However,since the system came into judicial practice,the court has overemphasized the importance of protecting shareholders' right to know.It fails to pay enough attention to the balance of interests between the company and shareholders.Through empirical analysis,this paper studies the problems in judicial practice in China,and on the basis of learning from foreign experience and the views of scholars,I explore how the court can handle such cases reasonably,so as to achieve an effective balance between the interests of the company and shareholders.This paper is divided into four chapters.The first chapter is about the basic concept and status quo of the shareholder's right to know.This paper introduces the concept and characteristics of “substantial deprivation” of shareholders' right to know.It introduces the current legislation situation in China.Through an empirical study of cases involving “restriction of shareholders' right to know” and “deprivation ofshareholders' right to know”,the paper analyzes the current state of justice.The second chapter is the legal analysis of “substantial deprivation” of the shareholders' right to know.This chapter firstly discusses the different opinions on whether the two kinds of corporate intention can be effective.Then,this chapter divides the situation of "substantial deprivation" of shareholders' right to know into two categories,and states the legal dispute of determining its boundary.The Third Chapter discusses the problems about “substantial deprivation” of shareholders' right to know.Chapter four puts forward some suggestions to solve these problems.