A Research On Legal System Of Shareholder' Inspection Right Of Corporate Books And Records

Many rules have been introduced by scholars, including independencedirector, director's liability, fiduciary duty of controlling shareholders andshareholder' derivative litigations etc., so as to signify corporate governance andprotect shareholders' right. The view of information resource is going to be thefocus of corporate governance.The rules is too general to practice in business or judgment, however the ruleson ensuring the shareholders' inspection right of corporate record is provided bythe new edition of corporate law of China. Furthermore, the stock corporationshareholders' inspection right of corporate books and records is not guaranteed asneeded in the new edition of corporate law.The article has been divided into three parts including the introduction, mainbody and the conclusion. The foreword introduces the writing background of thisarticle and clarifying its theoretical value. The main body is composed of sixchapters. Chapter one set forth the origins of shareholders' inspection right ofcorporate books and records, definitions and the outlines of conception of legalsystem of shareholders' inspection right. And the nature of shareholders'inspection right. Chapter two focuses the theoretical basis of shareholders'inspection right with philosophical right principle, shareholders' property interestand the right to know of private law. Chapter three discusses the shareholders'monitoring in corporate governance and its tendency, and presents the view that the shareholders' inspection right is the premises of shareholders' monitoring incorporate governance. Chapter four analyses the rules on shareholders' inspectionright with the comparative corporate law view. Chapter five studies the historicalcourse of US corporate law on shareholders' inspection right. Chapter sixexpounds the rules on shareholders' inspection right of corporate law in China andthe problems existed, then proposes legislation suggestions on perfecting the rules.And the conclusion is a summary of the whole article.