Study On The Shareholders' Inquiry Right In Listed Company

The shareholders' inquiry right is an important right and it is not only beneficial to the interest of shareholders, but also may check and balance the power among shareholders, directors and the managers, and the actual effect of shareholders' inquiry right is to make the structure of corporate governance perfect. As far as listed company is concerned, this system helps to make the general meeting play an important role in the corporate governance. But in our daily life, not only the public lack some knowledge about it, but also the shareholders do not pay an adequate attention to it. In practice, the shareholders do not exercise this right actively, and some incidents which infringe on the interest of shareholders have happened.The thesis includes five parts. Part one begins with analyzing the connotation of the shareholders' inquiry right from subject, object, content and other aspects, then it elaborates the necessity of exercising this right for the shareholders in listed company. Part two delimits the legal nature of this right in listed company by making a comparison between inquiry right and information right as well as voting right. On the theoretical basis of exercising this right, part three explores the scope of the shareholders' inquiry right in listed company. In order to make subject of right use inquiry right reasonably, the shareholders in listed company can not abuse their authority, so part four analyzes the limit of the shareholders' inquiry right in listed company by using economics and legal science analytical method. Only by this means can we achieve fairness and efficiency.Some relief measures have been given in part five. There are two means: private relief and public relief. Private relief measures include the establishment of contract system and the shareholders association. And public relief measure mainly refers to the lawsuit mechanism. In addition, this thesis elaborates the relationship between private relief and public relief, that is, the private relief should become the preposed precedure of public relief.