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Study on System of Shareholders’ Rights to Learn the Truth

Author: YuLiYa
Tutor: GaoJinKang
School: Southwestern University of Finance and Economics
Course: Legal
Keywords: Shareholder shareholder right to know interpellation power consult power
CLC: D922.291.91
Type: Master's thesis
Year: 2007
Downloads: 517
Quote: 4
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Abstract


The shareholder right to know is in the shareholder right system the foundational right, is research important topic of the law of corporation. This article according to protecting the shareholder right, the perfect company governs the structure the need, the research overseas mature shareholder right to know system legislation achievement, pointed out our country’s the in this system insufficiency and the flaw, then proposes the improvement and the consummation suggestion.The full text content altogether divides into following four chapters.First chapter mainly does to the shareholder right to know system theory part totally. First, narrates and comments the domestic and foreign scholars to the shareholder right to know concept description. This article believed that, the shareholder right to know essence is the shareholder maintains the shareholder rights and interests based on the shareholder qualifications . the content all to be possible to cover in the middle of the shareholder right to know category. Next, evaluates the scholar to the shareholder right to know nature understanding. The shareholder right to know is the shareholder exercises other right foundation and the premise, but is utilizable the non-sense of purpose right, has from the profit power, altogether benefits the power characteristic, is the independent shareholder power. Finally, shareholder right to know rationale.Second chapter is the foreign shareholder right to know system research. Key lies in the introduction overseas mature right to know system. The overseas law of corporation interpellates the power, the consult power system stipulation to the shareholder from protecting the shareholder right and between the maintenance company benefit seeks the benefit balance the angle, in the interpellation, the consult scope, the interpellation, the consult limit, the interpellation, the consult way, interpellation, consult aspects and so on relief has the mature stipulation. Third chapter studies our country shareholder right to know system the flaw. Under the traditional law of corporation theory , our country law of corporation development also is at the start stage, although 2005 law of corporation revision text consummates to the shareholder right to know system, But still had the stipulation insufficiently to be clear about, to the joint-stock company had not stipulated the account consult power, the right exercised have not performed to limit, the right exercise lack the procedural nature to support, flaws and so on relief insufficient consummation, did not favor the company shareholder right exertion, therefore had to profit from the overseas legislation experience to supplement and the consummation.The fourth chapter the flaw which pointed out based on the previous chapter, our country shareholder right to know system should give the consummation. This article believed that, may divide into three functions supplementarily in our country present law of corporation field of vision shareholder right to know system, the structure unification level: First level, shareholder to company information material understanding power. The second level, the shareholder consults the power. The third level, the shareholder interpellates the power. Said specifically that, the limit, the relief which from the right to our country shareholder right to know system mainly which exercises the main body, the scope, the way, as well as the right exercises, corresponding procedural system aspects and so on safeguard give the rules and regulations.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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