The Weakness And Improvement Of Chinese Shareholder's Information Right's System

In the modern company management system, it always takes the rule of legal person ownership and management separating from the shareholder's rights. Most of shareholders don't participate the company's management directly, the board of directors and managers controlled company's management and made decisions, all of these will cause information dissymmetry between the shareholder and the company, thereby endanger fulfillment of shareholder's benefit. Giving information right to the shareholder is an efficient method to conquer the problem of information dissymmetry, shareholder's information right is an combined right main including check right, inquiry right and the right to appoint inspector, the purpose of it is guarantying the shareholder know the company's relative information, thereby achieving the goal of preventive protection for shareholder's right, so it has significant legal value and realistic meaning.However, according to malfunction of our country's company management system and the imperfection of related legal system, during a long time, our legal system doesn't proper protect the shareholder's information right, this situation cause this kind of disputes emerge continuingly. So, how to build proper legal system of shareholder's information right and how to provide pressing guarantee to shareholder's information right has become the concerned focus of educational circles and actual group. Although revised Company law in 2005 of the People's Republic of China had made a big progress in protecting shareholder's information right, it still has its weaknesses, e.g.:check right has incomprehensive content, inquiry right's range and specific procedure didn't be regulated and legal system even didn't talk about the right to appoint inspector. Based on the analysis of content and legal attribute of shareholder's information right, combined the analysis of typical case of shareholder's information right, legislative, judicial, law enforcement's weakness of the shareholder's information right's system were revealed.In view of current legislative shortage of our country's legal system, based on the advanced legislative experience of foreign countries, our country could make improvements in following aspects:enlarging the scope of shareholder's check right, defining the applicable requirement of shareholder's check right; confirming subject of right and inquiry's scope of shareholder's inquiry right, establishing obligation right and explanation's principle of shareholder's inquiry right; building the system of right to appoint inspector. Through these practical suggestions, the shareholder's information right's system will become more reasonable and strength.