The Right To Know Of The Shareholders

In the rapidly development of the21stcentury， with the development of the market economy in our country， increasing companies were established， the enhancing awareness of the law and the strengthening consciousness of rights safeguarding of the humans， Right to know becomes a word， which be most frequently mentionedby the shareholders of the company. After comparing， learning and understanding several cases about the shareholders sued the company， it is not hard to come out witha conclusion， there is a same reason of the rights and interests of the shareholders are harmed in all the cased， it is there is problem with the right to know. Compare with the version in year1993， there is a great progress in right to know of the CompanyLaw,which updated in year2005. It emphasizes the right to know of the shareholders， including the new clause， which provides the basic theory and protection of the Law to realizing it.However, the Law just like an uncut jade need to be cut and polished, in order to become perfect, especially, it comes up do not over ten years, it will be need more time and effort to be improved, just before it becomes perfect.The right to know of the shareholders， which is a part of Company Law in ourcountry currently，will be discussed in this report，meanwhile，analyzing the law，which is still not perfect simply. Analyzing the specific content for the right to knowof the shareholders in deep，understanding which part and aspect this rights canapplied clearly，and also how to using it appropriately. How to relieve， when theright to be harmed， and how to face to the continuing practical issues after the relief，making the right to know of the shareholders is no more prattle，at the same time，avoiding hypercorrection， outflow the business secrets and the company’s interestsdamaged. Due to comparing with the part，which is quite mature，perfect and worthyto learn from foreign country， in order to coming out several suggestions in thefurther theory and practice. Moreover，looking forward to the further development.In this thesis，I will analyse the intension and extension of shareholders’right to know. I will Clear the restrictions on the exercise of a series of subjective andobjective，and through some simple cases raises the dispute focus， public point ofview，the answer of the question and focus on controversial and unified， convenientand quickly solve the problem of right to know related. In addition this paper alsogives a right to know of the judicial relief，my view is that the relief way still is notperfected，hence puts forward suggestions for its shortcomings，especially for long theills， I want to put forward the summary procedure to shorten the bold ideas.There are4chapters in this report completely. The main concept in the Chapter1is theSummary of the right to know of the shareholders. The research in the basic theory ofthe right to know of the shareholders. Including the concept，legal character，andshareholders equality theory and asymmetric information theory. The second part isthe exercise of shareholders’ right to know the subject and purpose, namely, theoriginal shareholders, anonymity, flaws capital contribution shareholders, agents canenjoy the shareholder’s right to know and how to decide whether shareholderssubjective purpose right. The third part of my main classification on shareholders’right and exercise are discussed, for access rights, the right to question and checkcandidates either system were studied, and which focuses on controversial issues. Thefourth part is about shareholders’ right to relief, to understand its shortcomings, hascalled for judicial interpretation as soon as possible to improve as soon as possible.