Ltd. Shareholders' Right To Judicial Relief

Modern companies on the separation of ownership and management rights governance mode, shareholder of the company to the experienced operator management company, this pattern is obvious advantages but can lead to information asymmetry between shareholders and company, resulting in loss of shareholders' interests, the company law in order to balance of interests between shareholders and the company, give shareholders' right to know in order to safeguard the rights and interests of shareholders. As the shareholder rights protection consciousness gradually strengthened, rapid growth in the number of shareholders' right to know lawsuits, case is complicated. Shareholders' right to know legislation law currently blank, operability is poor, can not meet the need of judicial practice, academia and judicial circle debate is more, because the judicial trial judge individual understanding of the value is different, caused the exercise of discretion have different scales, similar cases is not the same case, led to a decline in the judicial credibility.View of this, the existing research on the basis of academic, a limited liability company for the study, summarized Limited shareholders the right to know the basis of theory and research status, mainly from two aspects of substantive law and procedural law of view, the Limited Shareholders related to the specific content of the right of inspection, the question right, the company received the right to information, the right to request any person to inspect and Co. shareholders 'right as the start point of the proceedings, Ltd. shareholders' right to reconstruct the system. Based on existing jurisprudence empirical and theoretical analysis of academic controversy, the right to information found deficiencies in both the substantive law and procedural law, learning foreign mature legislative model, which made a sound judicial remedies.