Research On Shareholders' Inspection Rights

As a result of the modern company property rights and the right of management separation, the majority shareholders especially small share shareholders not participate in company's management and operation directly. Its legitimate rights and interests will possibly receive corrosion of the corporate managements. The shareholders' inspection rights is the important way for the shareholder obtains the company real information, is also the premise basis which other rights can enjoy and exercise. This article is in the reference of related literature and materials, unifies a case of the shareholders' inspection rights, and launch the elaboration which dependence on the exercise conditions of the shareholders' inspection rights.The introduction part consults the shareholders' inspection rights that have Statement the paper writing background, the practice significance and the theory significance for the beginning. The main body divides into six chapters, the first chapter accords to a quite typical cases of the shareholders' inspection rights involved some related questions, the following each chapter centers on the related question. The second chapter consulted the power to the shareholder to carry on the outline, limited the shareholders' inspection rights concept, carry out the classification, carried on the difference with the shareholder right to know, and analyzed the significant of existence. The third chapter have discussed the shareholders' qualifications, owned stocks the number and owns stocks in the time and the judicial practice, and analysis the shareholder who involved to the case whether have the right to carry on the shareholders' inspection rights. The fourth chapter discussed the recognizing of the Shareholders proper purpose and the responsibility of presenting evidence. Pointed out that recognizing of shareholders prop purpose is subjective and very complex question, the law of corporation of our country should also supplement a concrete standard supplies the judicial practice to be suitable, and unified American and Japan's related law, listed the proper purpose and not the improper purpose judgment standard, and elaborated the responsibility of presenting evidence. The fifth chapter discussed the object scope, to guarantee that shareholder's consult power could realize truly, proposed "the accounting books" to carry on the expansion explanation. The sixth chapter discussed procedure from the time,the place, the procedure and the expense .Proposed the law of corporation should also stipulate a simpler judicial process, so that the shareholder could consult the power to be suitable. Finally the part is a conclusion, carries on the summary to the full text primary intention.