Research On Legal Issues Of Shareholders' Right To Know

The right to know of shareholders is a hot issue in the current practice of company law.In January 2001,the Supreme People's Court incorporated disputes about shareholders' right to information in civil cases.As a result,Chinese corporate shareholders began to have the right to lodge complaints against shareholders' right to information.The amendments to the “Company Law” in 2006 paid more attention to the protection of shareholders' right to information.In 2018,the company's judicial interpretation of the company's law 4 made some specific provisions on the specific application of shareholders' right to information.From the current theoretical perspective,shareholders' right to information is mainly composed of three systems,namely the right to access,the right to query,and the information disclosure system.The current lawsuits are mainly related to the right of access.The LeTV company's case reflects a number of problems in the shareholders' right to know.Implicit shareholders and former shareholders should exercise the right to know the shareholders conditionally;shareholders of capital contributions,of course,have the right to shareholder's right to know according to their shareholder qualifications;shareholders of the parent company can introduce cross-theory theory on the basis of personality denial of subsidiaries.The company exercises shareholders' right to know;companies whose business licenses have been revoked can be used as the right of shareholders to exercise their right to know;companies that have written off their business licenses do not have the qualifications for litigation.In the right of access,for the purpose of checking whether the accounting book contains accounting documents,it should be interpreted in a broad sense and be used together with the restrictions of improper purposes.For the improper purpose of consulting accounting books,it should be examined from two aspects of the entity and the procedure,and cannot be confined to the leveldetermined based on the company's evidence.As a collective right,shareholders' right to information should pay attention to the distribution of their burden of proof.Different rules of evidence should be applied to different rights.In the examination of accounting books and accounting documents,the burden of proof should be reversed.The issue of system integrity should be considered from the value of the entire system.As a sound system,it should at least contain behavior“”al models and legal consequences.The establishment of the two parties' liability in the shareholders' right to information system should be more complete,and it can be learned from the tort liability law.Infringement,apology,compensation for damages,etc.are regulated.In addition to the overall system of shareholders' right to information,setting up a system of inspectors,supplementing the right to information system,and more objectively and neutrally regulating the operation of the company is a reasonable system choice.