Judicial Dilemma And Legal System Perfection Of Shareholder's Right To Know

In China's current effective commercial legislation,the rules on the right to know the shareholders there are still omissions or incomplete.The vacuum of this legislation,whether it is for the balance of legal interests or other reasons will be controversial in the judicial practice.The current legal provisions of our country are gradually enriching the relevant content of the shareholders 'right to know and enlarging the boundary of the right to know,but the renewal of the concept and the norm of the system are not accomplished overnight.The proposition that the shareholders' right to know is still in the judicial practice dispute.The author has compiled the cases of shareholders' right to know the dispute in Shanghai from 2013 to 2016 as a sample to carry on the empirical research of this article.This paper is divided into four parts.The first part focuses on the analysis of the existing laws and the relevant judicial interpretation of the provisions of the system,trying to deconstruct the existing legal system under the shareholders of the right to know the system,and analysis of the current legal provisions for this system more controversial issues.The second part of the case through the case of the type of analysis to examine the extent to which judicial practice echoes the existing legal provisions and theoretical controversy and outstanding issues,and summed up the effective legal provisions and judicial practice are divided Controversial focus.The third part,combined with the main controversy summarized above,tries to learn some legislative and judicial experience about the system of shareholders' right to know.The fourth part is based on the trial practice of the current shareholders 'right to know the truth,and puts forward the proposal of perfecting the system from the aspects of the qualified subject,object and right of the shareholders' right to know,and tries to construct the system of inspectors in our country so as to be more comprehensive To achieve shareholder rights.The last part is the conclusion,as a summary and summary of the text,with a view to the shareholders of the right to know the reconstruction and improvement of the system to provide some ideas and suggestions.