Research On Judicial Relief Of Shareholders' Right To Know

With the development of the market economy,the society all kinds of large and small companies have sprung up,leads to such disputes also continues to increase,many of them involve the content of the shareholders' right to know relief.Shareholders' right to know as its name implies is to the company know about rights,it is the law an important right granted to shareholders,and shareholders realize their rights and interests of the basic rights,has the inherent right of property.By shareholders enjoy the right to know,not only can understand the company operating and financial conditions and development of current situation,and can determine whether the companies and their own interests are violated.The remedy is to help shareholders to know the right to know.The remedy of the right to know includes the private remedy and the public remedy,and the public relief is achieved through the judicial method.Judicial protection of shareholders' right to know,therefore,it is very necessary,the right to know the company law in the judicial relief for problem discussion,to effectively safeguard the legitimate rights and interests of company and shareholder,has very realistic theory meaning and application value.One of the important characteristics of the company' s development is the separation of ownership and management,the emergence of modern social professional managers,which makes this separation even more obvious.“Two rights separation” make many shareholders no longer funded themselves to their own,the company,but the power assignment to go out,even rarely through the meeting of shareholders,the board of directors to participate in the company management.All this makes the company daily management state,decisions may be big shareholders,control by internal directors and managers and other senior executives,the resulting “internal control” and the other shareholders serious asymmetric information.Shareholders may be harmed if the shareholder's right to know is not guaranteed.If there is obstruction of shareholder's right to know can't get timely and effective relief,will no doubt contribute to the internal control some people violate the interests of the company and other shareholders,at the same time brings negative influence to the society.If shareholders to use their right to know as well,not only can protect the lawful rights and interests of the company and shareholders,but also for directors,supervisors and senior managers of the internal control people's behavior have effective constraint effect,is conducive to the smooth development of the company.This article is made up of five parts.In the introduction,this paper introduces the background and meaning of the topic,the present situation of domestic and foreign research,innovation and deficiency,research method and so on.The first chapter of the body is an overview of the shareholder's right to know,and its legal properties.The second chapter is the research on the theory of shareholder's right to know,and the significance of these theories to the judicial application of our country.The third chapter is the difficulties for the judicial application of shareholder's right to know in our country is analyzed,combining with the judicial practice,found that the judicial application of the difficulty,the difficulties and reasons are analyzed.The fourth chapter is based on the investigation of shareholder's right to know the judicial relief the difficulty,the use of the current related theory,combined with the supreme people's court recently published on the applicable < company law of the People's Republic of China > the regulation of several issues(four)(draft),hereinafter referred to as the company law judicial interpretation(four)(draft),thinking on how to crack the difficulty in the judicial practice,puts forward the application of law should grasp the main points of several correctly,as the company law judicial interpretation(four)the effect of do some basic preparation.