股东知情权实例研究-法律学专业论文.docxVIP

2 2 right to know. Which is can be divided the broad and narrow sense, Chinas new company law belongs to broad sense. The third part is the study conclusions about shareholders who haven’t invest capital whether have the right to know. Not to invest does not lose their shareholders eligible, but their right should be restricted, that is not to invest will lose themselves’ benefits but will not lose the right of total usufruct, in the law, the shareholders’ rights to know belongs to themselves’ benefits, so shareholders who haven’t invest capital have the right to know. The fourth part is the conclusion of the study whether shareholders have the right to check the companys original receipts of accounting books. From the two major to demonstrate the reasons of shareholders have the right to access. (1) Access to the original documents of accounting is better for shareholders’ rights to come true.(2) From the foreign legislation and judicial practice, the scope of shareholders to check accounting books are increasingly broad, this is the development trend of Chinas company law. The fifth part analysis and clarification some difficult issues in the judicial practice. such as it identify the defendant appeals is company, how to identify a reference standard to determine the proper purpose of shareholders to exercise the right’s to know , identify the nature of the proceedings protection of the suit of shareholders’ rights to know is the evidence preservation. In the sixth part, the author have been raised the concept about normalizing shareholders’ rights to know, in the legislative, should be clear entitled the qualifications of shareholders’ rights to know, should be expanded and clearly defined inspection scope and clearly subjective elements restrictions of shareholders’ rights to know. In the judicial, should be known the pre-conditions appropriate for suit of shareholders’ rights to know, controlling the scope of defendants strictly, shareholder litigation, apply