On Stockholder's Inquiry Right

Corporation law prescribes partners have rights to refer to constitution of corporation, cahier of stockholders' conference and financial accounting report, then give advice and inquiry to corporation. Along with more attention is paid to pratners'information right, there are more cases about right of consultation in judicatory practice. But partners'right of advice and inquiry have not be carried out. It concerns of the simpleness of right of consultation and specific ordain in corporation law. And it reflects abstraction of right of advice and inquiry.In stock corporation, on account of the translation from partners' asset to partners' share, the owner's control of corporation is more relied on stockholders' conference. The single partner only can be one of the whole. So stock right is a limited ownership. The establishment of modern corporation administration structure causes segregation of partner's ownership and manager's managerial authority, with Partner on behalf of ownership and board of directors on behalf of managers. Board of directors has right to decide basic management institution , manage project and setup of inside management structure. With strengthen of right of board of directors, partner's station is weakened. How to avoid abuse of right of board of directors as management right is separated is become an issue of modern corporation.To supervise board of directors, partners need enough information of status of corporation, so information right is regulated in corporation law of many countries. Specific ways to realize information include: consultation, advice and inquiry and soon. Contemporary, this kind of rights is base of realization of partners other rights. Since corporation law only endow partner with inquiry right in principle and no specific enforcement process and essential conditions. Obviously it goes against performance of partner's inquiry right. Because of lake of obligor of answer, according to rule of corresponding of right and obligation, this right without obligor is without guarantee.Jurisprudential field in our country has some theory achievements and legislation suggestions. For example, LiuJunhai puts forward that inquiry right should be explicit. Any partner should have right to ask director and supervisor. Director and supervisor should give answer or explanation to it on the spot, unless the inquiry is unrelated to topic for discussion and motion, or the inquiry concerning business privacy. Liu advises set up special clauses prescribe advice right and inquiry right separately. And clear condition and process of performance.This essay is divided into six parts: the guide gives an account of the definition, jurisprudential base and significance of inquiry right. The second chapter prescribes the place of performance. The third expound right subject and obligation subject. The forth discusses the confinement of inquiry right. The fifth discusses remedy of inquiry right. Epilogue gives brief summarize to the complete essay.This essay suggested inquiry right should be confined in stockholders' conference, the litigation time of inquiry right should be limited and corporation should be the accused when partner institute lawsuit.To dissertate the above standpoints, this essay adopts such methods as conclusion, deduction, demonstration and so on.Total Words: 54240...