Research On The Scope Of Shareholder’s Right To Know From Chinese Judicial Discretion

As is known to all, shareholder’s right to know, one of the important rights, is the premise on which other rights of shareholders can be exercised and enjoyed. The legal texts with careless omission make the rules for judicial trial deficient, resulting in disputes over trial on the basic side of litigation and causing differences in the standpoints of judgment courts. In order to make the commercial legal texts with careless omission ultimately conform to the original intention of legislation, apart from issuing more authoritative, normative and precise judicial interpretations and judicial policy texts, judicial personnel are expected to improve their ability and apply the normative texts for judgment.This article is divided into three parts on studying the range of shareholders’ right to know in our judicial practice.Chapter 1, first of all, discussed the legal basis of shareholder’s right to know, including legislative analysis of domestic and foreign legislation.Chapter 2 analyzed a large number of samples cases relating to company information, such as company management decision-making information, accounting information and other types of information in the company. Through these sample cases, the author presented attitudes of judicial personnel about whether the shareholders can check these documents.Chapter 3, finally, made some reasonable suggestions on improving and remodeling the scope of shareholder’s right to know in our judicial practice. Firstly, the author believed that judicial personnel should appropriately expand the scope of the shareholder’s right to know depending on actual circumstances in different cases. Secondly, in order to balance the interests between shareholders and the company, the shareholder’s purpose of referring to documents shall be checked in the meantime of expanding the scope of the shareholder’s right to know.