Empirical Analysis Of Judgments In Cases Of Shareholders’ Right To Know

The rapid development of the market economy has caused the company’s management model to evolve into a "separation of two powers" model,that is,shareholders do not participate in the company’s operation and management,nor do they know the specific system plans,but directors,senior executives,and other managers manage the company.Shareholders’ right to know is a basic right to protect shareholders’ investment income under this management model,and prevent company management personnel from using shareholders’ ignorance of the company’s actual operating conditions to infringe their legal rights.The exercise of this right directly affects the exercise of other property rights of shareholders,so the protection of this right is the top priority at the moment.However,in the process of exercising the shareholders’ right to know,the scope of application for knowing includes not only business management information,but also company financial information.Some shareholders may be looking for opportunities to spy on the company’s trade secrets for their own personal gain,causing the legitimate rights and interests of the company and other shareholders to be infringed.Therefore,how to balance the shareholders’ right to know and the protection of company trade secrets has always been the focus of academic and practical research.In this paper,by sampling according to certain standards on the Chinese Judgment Documents website,selecting 379 shareholders’ right to know litigation judgments across the country in the first half of 2020 for sorting and analysis,using the research methods of case empirical analysis to analyze relevant controversial issues,from the legislative and judicial application From the angle of view,perfect suggestions for corresponding issues are put forward to better protect the shareholders’ right to know and balance the interests of shareholders and the company.The writing of this article is mainly organized according to this structure:Chapter One is an overview of shareholders’ right to know.This chapter analyzes the basic concept of shareholders’ right to know,analyzes the basic components of this right,and interprets the important time node of shareholders’ right to know in legislation and judicial interpretation.The second chapter is the empirical analysis of the case judgment of shareholders’ right-to-know.This chapter summarizes the relevant documents in the judgment document network,analyzes and explains the selection of samples.The third chapter is the analysis of disputes in the judgment of shareholders’ right to know cases.This chapter will select some cases to interpret the reasoning of the court on related disputes,and briefly express the author’s views on related issues after analyzing the differences in the reasoning of court judgments.The fourth chapter is about suggestions for perfecting shareholders’ right to know.This chapter proposes perfect suggestions from the two perspectives of legislation and judicial application.Some controversial issues have been provided for in the legislation,so they only propose perfect suggestions from the perspective of judicial application.Finally,this paper will be summarized.