The Study On Lawsuit Relief Of The Shareholders’ Right To Konw

Company is the main body of the market economy and its operation is directly related to the success or failure of the economic construction in China. The shareholders’right to know affects the normal operations of company and shareholders’ investment enthusiasm, therefore, the conservation of the shareholders’ right to know is particularly significant.The protection of the shareholders’ right to know now in China is not optimistic. Shareholders’, especially minority ones’, right to know is often violated, and because of no legal basis and lacking of lawsuit proceedings, many shareholders, whose right to know have been infringed, are not willing to seek judicial relief, which led to shareholders’ right to know often been infringed by company. It is in this context that our original "Company Law" was revised in2005. Revised "Company Law" expands the scope of shareholders’ right to know, defines clearly conditions of the exercise of shareholder’s right to know and distinguishes the different types of the shareholders’ right to know, all which are progressive compared to the original "Company Law". However, even in the revised "Company Law", there are many problems, such as the scope of the shareholders’ right to know is not comprehensive and disputed; the litigant shall not specific; conditions of exercising shareholders’ right to know are not clear. Since the existing laws do not have imperfect provisions for safeguarding the shareholders’ right to know that how to strengthen the protection of the shareholders’ right to know appears imminent. Otherwise, the shareholders’ investment enthusiasm will fall down, the number of companies will reduce and the influence over market economy will be underestimated. Because of this, I write this paper to give the feasibility recommendations for the amendments to the laws and judicial interpretations by analyzing of the shareholders’ right to know in how to consummate the judicial relief system for escorting the market economy running.The paper includes abstract, introduction, body, conclusion, acknowledgments, cited works. The introduction describes the thesis writing background and the writing purpose. The conclusion is a summary of the full text.The body has three parts.The first part describes the theory of the judicial relief of the shareholders’ right to know, makes comparative analysis of different views of scholars to clarify my own views, laying a theoretical foundation for the later writing. It is an essential part.The second part describes some current common problems in judicial relief process of the shareholders’right to know, analyzes the causes of the problems for consummating the judicial relief system of the shareholders’ right to know.The third part is the improvement of judicial relief system on the shareholders’ right to know. This part is the focus of this paper, inking most in line with the spirit of thesis writing of Juris Master. In this part, I make some feasible suggestions on the substantive level and the procedural level in order to consummate judicial relief system on the shareholders’ right to know. The substantive level contains the scope of the shareholders’ right to know, the subject of proceedings, the exercising conditions, the conditions for prosecution, onus probandi and liability. The procedural level contains the proceedings and duration, jurisdiction of the court, limitation of action, guarantee, judgment and execution.