On The Shareholders' Right To Information Security Mechanism

The right to know of shareholders is the premise and base for shareholders to realize the other rights. In a period of "shareholders'centralism" were prevailed, the shareholders are in the core position, they not only enjoy the usufruct of company, but also directly participate in the company management, understand all kinds of information on company. With the time change, in order to improve the competitiveness of faster and satisfy shareholders obtain more profits requirements, "shareholders' centralism" gradually by "the board centralism" instead. In short, the company is in the process of operation adopted "franchise and ownership of separation" in our country at present, systematically normalize mechanism of company general use this operation. In this case, the shareholders of a company mostly mechanism of the actual operating companies out in the stage, the change of the role of caused shareholders of all kinds of company business information about missing the appeared, causing the shareholder interests, especially the actual rights of small and medium shareholders often had been violated. Both countries' legislation for such problem publish relevant provisions of its shareholders' right to strengthen the protection of other various rights to shareholders to better guarantee.This paper first from the theoretical level of the right to know of shareholders' and expounds the concept, nature and profound illuminates the shareholders' right of practical significance; On the other hand ,through the investigation of foreign law method combing out the legislative situation 'foreign shareholder. The first part is theory basic to below parts. In the second and third part of this paper respectively from the substantive law and procedural law and the different Angle discusses about the shareholders' right to guarantee mechanism designed to highlight the rationality of the shareholders' right to construct reasonable safeguard mechanism era necessity.