Research On Inspecting Rights Of Shareholders

The distribution and the use of the information resources is a topic which cannot be ignored or avoided in the course of studying and improving the management structure of companies. The information is an essential resource in management,and it is an important basis when shareholders evaluate their investment risks and management.Obtaining information is a basic right for shareholders because of their positions.In practice it means a relationship of offering and accepting the company's documents between shareholders and company's directors,while in law it means rules on rights of inspecting the shareholders' books and records.In fact the content of those rights is improving gradually for the rights of the shareholders' are more concerned,which includes the right of access to financial and accounting reports,the right of access to accounting books,the right of access to the original certificates,and the right of access to other important documents.The shareholders are the subjects of those rights, while the companies which shareholders own are the subjects of duties.That is to say the shareholders have the rights to view, to ask,and to copy,in addition,they have the right to screen candidates,while the companies have the obligations to submit, to make public notices and so on.Enhancing the protection of the shareholders' rights is a trend in legislation all over the world.However,there should be borders to conduct the rights.In order to prevent the abuse of those rights,it is necessary to set some restrictions such as subjective purposes and qualifications to keep the balance between the shareholders' rights and the companies' interests.The development of China's Company Law is still in its infancy, although in 2005 the new Company Law has enriched the shareholders' rights,it is still too simple.Therefore,it is necessary to improve it according to the legislative experiences from abroad,so that to keep the balance between shareholders and companies and to improve the right of access to inspect the shareholders in China.