Study On The Legal Application Of Shareholders' Right To Know

Shareholders' right to know is the fundamental right of shareholders to realize shareholders' rights by mastering the information related to the operation and management of the company.China's company law prescribes shareholders' right to know in a decentralized way.the content of rights is limited,the information obtained is limited,and the means and measures of realization are limited.China'' company law has no clear definition of the role of company autonomy and judicial discretion in shareholders' right to know,resulting in difficulties in applying the law in disputes over shareholders' right to know,which makes it difficult to realize the legislative purpose of shareholders' right to know.Due to the provisions of the laws for the shareholders' right to know whatever cannot do full cover,therefore,should be sure the company autonomy in the shareholders'right to know the self management role,should expand the judge discretion in handling disputes over shareholders' right to know,in addition to the law mandatory provisions,for shareholders' right to know the content,object,scope and the way to judge in balancing the interests of all parties to be sure.Besides the introduction and conclusion the text is divided into three parts.The first chapter is "legal analysis of shareholders' right to know".This chapter introduces the definition of shareholders' right to know.From the theoretical definition of the shareholders' right to know,the main body,the content of the right,the means and measures to realize the administrative shareholders' right to know are sorted out.The second chapter is " analysis of legislation cases of shareholders'right to know".This chapter introduces the legislation on the shareholders'right to know.The advantage of legislation and system arrangement outside the region as well as the evolution and system composition of Chinese legislation are obtained through four revisions of legislation inside an outside the horizontal comparison domain and four revisions of interpretation of company law of China.The third chapter is“the dilemma and solution of the legal application of the right to know of shareholders in Chinese company law".This chapter analyzes the predicament of legal application and the way to resolve the dispute of the right to know.Based on the case analysis,this paper discusses the dilemma in the legal application of the right to know dispute of shareholders under the current legislative background in China,and probes into two major ways to solve this dilemma--company autonomy and judicial discretion.