The Research Of Shareholders' Right To Information In Company Limited By Shares

The legal protection to shareholders'right is one of the most important targets of modern corporate system. Because in modern corporate there existing the separation of ownership and managing rights, most shareholders don't take part in the company business, which lead to the status of absence of information. In order to control the company indirectly, shareholders must gain more information of management, which is very important to protect the rights of shareholders on all sides, and perfect the company governance. Shareholders'right to information, including the right of consulting the accounts and books, the right of inquiry, is the most direct and convenient way for the negotiation between shareholders and management. So it is very important to protect this right, which is the first choice in the company law of foreign countries, including that of china.There are legal rules for the shareholders right of being informed, but they're just brief. Academically composition didn't write much about this kind of right. There is about no technicality writing in the scope. Some scholars wrote to this right in their books, but no one has gone deeply into the thesis. All of these can't guide the legal practice.With the need of perfecting company governance and legal protection to company shareholders'right to information in a company limited by shares, The thesis includes six parts.The preface explains the standpoint and common route to design the right to information in the modern corporate.The first chapter wants to explain what shareholders'right to information is. It includes necessity and feasibility of the protection, the concept, content, and sources of the right. The second chapter studies the range of subjects of the right to information. The author proofs that the shareholders may inquiry and consult individually, and the shareholder without voting right also have the same right to information. Author also studies the problem when the stocks are mortgaged. In addition, the author studies the range of who bear the duty to reply shareholders'right to information. On the basis of comparative study on the law patterns of German, France, and Japan, this section consider the duty subjects in china be the board of directors and the board of supervisors.The third chapter studies the exercise route of the right. The author divides it into normal exercise and un-normal two styles and three arrangements.The forth chapter studies the items which shareholders are restricted to the right of information on the comparison of the company law of foreign countries.At the end, the thesis concludes that china shall improve the legislation of shareholders'right to information to ensure that the shareholders'right will be realized smoothly.