Research On The Estabilishment Of The Third Party Inspection System

The shareholder's right of inspection is an important part of the shareholder's information right.It's the premise and the basis of the other rights of the shareholders.It's a very important right for the shareholders. The revised company law improves the system of shareholder's inspection right by expanding the scope of the inspection to the books and accounts of the company etc.which plays a very important role in protecting the shareholder's rights of information.However,the shareholders are still encountering the following difficulties:the shareholders' lack of the professional competence in inspecting the books and accounts of the company which affect the exercise of the right;the conflict between the shareholder's inspection rights of books and records and the business secrets of the company obstructs the realization of shareholder's inspection rights.In order to solve these problems,the author suggests constructing the third party inspection system which can coordinate the conflict between the shareholder's information rights and the company's business secrets and make a good balance between the shareholders and the company.The full text consists of three main parts:the preamble,main body and the conclusion,and the main body is composed of three chapters.The first chapter introduces the status quo of the inspection system and the difficulties the shareholders are facing.The third party inspection system is based on the shareholder's inspection right.Therefore,before introducing the third party inspection system,the author introduces the concept and the basic theory of the shareholder's inspection right and analyses the regulations relating to shareholder's inspection right in China. Then the author analyses the background of the third party inspection system and points out the two difficulties the shareholders are facing when they exercise their right of inspection.In order to solve the problems,the author introduces the relevant experience of the United States and Germany and brings forward the third party inspection system which the author believes is a good way to solve the problems.The second chapter analyses the functions of the third party inspection system.The author defines the third party inspection and summarizes the features of it at first.Then the author analyses the functions of the third party inspection which include overcoming the shareholder's lack of the ability of inspecting books and records,implementing shareholder's right of inspection;protecting the company's business secrets and preventing the abuse of the shareholder's inspection right;balancing the conflicts between the shareholder and the company,solving the problems the shareholders are facing when they exercises their right of inspection;improving the efficiency of the inspection etc.The third chapter suggests how to construct the third party inspection system.The author suggests that the third party inspection system shall be established and under certain conditions a third party who is professional, independent and has duty of confidentiality shall be appointed to inspect. In order to make this system function well,the author holds that this system shall include the qualifications and nomination of the third party,the procedure of the third party inspection,the rights,obligations and liabilities of the third party etc.