Empirical Study On Lawsuit Of Shareholder's Right To Know

Shareholders' right to know is an important right for shareholders to understand the operation of the company.Shareholders have the right to vote,the right to profit,the right of shareholder representative litigation and other rights.And the exercise of these rights to shareholders aware of the company's operating conditions as a prerequisite.The management of the modern company to take more ownership and management of the separation of the model,the company's management by the company's management staff,the majority of shareholders are not directly involved,so there is information asymmetry between the shareholders and the company's managers thus affecting the realization of shareholder interests.As an important category of corporate litigation,there is still a lot of controversial issues in judicial practice,so that the exercise of the right to know faces many difficulties,such as whether the original shareholders have the right of shareholders to know,and the scope of the right whether contains accounting documents and so on.At the end of 2016,the Supreme People's Court adopted the " Interpretation of Company Law IV ",which made detailed provisions on the exercise of the shareholders' right to know,and it was of great significance to conduct empirical research on the litigation of shareholders' right to know since the implementation of the Company Law.Based on the Interpretation of Company Law IV,this paper chooses the 81 sample cases in the northeast China to sort out the statistics,analyzes the problems with the relevant theories,finds out the problems of the shareholders' right to know the litigation and puts forward relevant suggestions.This paper is divided into four parts.The first chapter introduces the data sources and research methods of empirical research in this paper.Through the search of the database of the judicial cases,the 81 cases of shareholders right to know in northeast China was screened out,and the variables were set up for the samples and the general data of the court were analyzed.The second chapter mainly analyzes the subject qualification of shareholders' right to know.The exercise of the shareholders 'right to know is based on the premise that the shareholders enjoy the shareholder's qualification.The nominal shareholder can exercise the shareholders' right to know without any objection.The actual investor shall exercise the rights of the shareholders after the qualification procedure.Funding defects do not lead to the loss of shareholder qualification,it will not affect the exercise of the right to know.The original shareholders after the withdrawal of the company loss of shareholder qualification,that is no longer enjoy the right to know.The third chapter discusses the question of the scope of the shareholders' right to know.This paper will classify the types of documents,and analyze the cases of 81 samples,and analyze the problems of business decision-making documents,accounting books and accounting documents.Shareholders' requests for access to accounting documents should be supported,and only the accounting documents can be used to ensure the effective exercise of the right,subject to the limitation of the proper purpose.The fourth chapter discusses the question of the entrustment of shareholders' right to know.Through the empirical analysis of the variables of the access method,the author analyzes the necessity of entrusting the exercise of the right to know and whether the audit of the company's operation can be carried out.Introduced the advantages and value of the foreign inspection system,the introduction of the system when the legislative conditions are mature is the future goal.