On Shareholders To Question The Right

With the need of perfect company governance and legal protection to company shareholders' rights, this thesis researches the core parts of the problems of inquiry right enjoyed by the shareholders in a company. These parts include the concept of inquiry right, the subjects of inquiry right, and the items that shareholders have the right to inquiry, the items prohibited to inquiry, and the remedial measures. Except the introduction, this thesis mainly includes four sections.Part Ⅰ Introduction to shareholder's inquiry right. This thesis studies the nature, function, history of shareholder's inquiry right, on the basis of its conception, which also distinct it from other relative rights. The author gives a macro definition of the shareholder's inquiry right from connotation aspect and denotation aspect.Part Ⅱ Basic theory of shareholder's inquiry right. Based on the theory of values and jurisprudence, the thesis argues that the basic theory of shareholder's inquiry right should be the right of acquiring information from the company and supervising right. The base of values is that it satisfies the need of human to certain degree, and it also realizes the unity of general justice and specific justice. The thesis further discussed the necessity of shareholder's inquiry right in company system designing and initiative of legislation.Part Ⅲ Legislative constitution of shareholder's inquiry right. This is a virtually important part of the thesis, which combines theoretical study and legislative model of civil law family country such as Germany, Japan and France. It explicate the type of company which can possess this right, the body of right and duty, the time of execution, the range of content, the defence of abuse and the legal remedies.The author proofs that the shareholders may inquiry individually and the shareholders without voting right also have the right to inquiry the board of directors and the board of supervisors at a general meeting. Besides, the author studies the inquiry right problem when the stocks are mortgaged. In...