Research On Shareholders' Inspection Rights In Limited Liability Stock Corporation

In company's administrative structure, shareholders are not only the investors of the company, but also the owner of the company's benefit. However, the administrative structure of modern company based on the principle that is "the property is separated with the management", which leads to most of the shareholders are far away from company's management and operation, and they are in a weak position with asymmetric information. In order to overcome situation, the company legislation of many countries are all endow the shareholders with right to inspection. Only the shareholders learn about the company's situation, can they exercise other rights well. Inspecting right of books and records by shareholders is one of most important rights' of shareholders. However, there is a conflict between the shareholders and the company. In order to balance the shareholder and the company benefit ,the company legislature of many states strictly regulates how to exercise the right and the procedures of exercising it. In this paper, on the base of reading a large number of domestic and foreign literatures, the writer make a depth study of the history of stock company's shareholders' inspection right, the legal nature of stock company's shareholders' inspection right, the principle of exercising shareholders' inspection right and the proceedings of shareholders' inspection right .This leads to China-related defects in the system, as well as measures to improve.This claim is mainly displayed in the establishment of the shareholder inspection rights system. This paper focuses on the following aspects:Chapter First, the outline of shareholders' inspection right. This part gives detailed analysis to the historical improvement of inspection rights, introduces the concept of the right of inspection, and analyzes the right attributes and basic contents of the right of inspection. Chapter Second, The basic principles of the shareholder inspection rights: balance of interests and the equality of rights . Chapter Third, the structure of inspection rights It contains the subject and object elements embedded in the right and the procedure to implement the inspection rights. Chapter Four, lawsuits on shareholders' inspection right. The Nature of lawsuits on shareholders' inspection right, the defendant and plaintiff, province of the jury , summary judgment , the right choice of proceedings and the clear legal responsibility. Chapter Five, suggestions in consummating the inspection rights system in China. It analyses and examines the system flaws in our own corporation law, then some viewpoints and methods are applied in the redress of this law, which are largely originated from the previous arguments. Thus, supplements based on foreign successful legislative experience are necessary. Hope to perfect the inspection right of books and records by share-holders with regarding the balance of the shareholder and the company as the direction of instructing.