Right Of Access Legal Issues Of Shareholder Books To Study

Inspection rights of books and records of shareholders belongs to the scope of the shareholders'information rights, are the foundation of the other rights of shareholders. In China,legislation in the new<Company Law>make great progresses than the old one that the new one extends the shareholders'information rights to the field that the shareholders can inspect the books and records.Constructing the system of the shareholders'information rights is so necessary to perfect the system of company operation and can prevent civil rights'abuse,harmonize the conflict of the shareholders' advantages,furthermore,it can protects the reformation and establishes the healthy modern corporation system.In this paper, to elaborate shareholders' inspection rights of books and records is to start with the basic theoretical issues, first of all, discussing the different definitions of scholars to shareholders' inspection rights of books and records , pointing out the legal nature of shareholders' inspection rights of books and records, and analysing the theoretical basis and practical significance of shareholders' inspection rights of books and records.The exercise of any right can not do without the border. In order to prevent abuse of the rights of shareholders, it is necessary to set the appropriate procedures, in this article the eligible shareholders, the purpose of the scope of inspection and inspection procedures and methods of several books available on the exercise of shareholders' inspection rights of books and records are discussed. In order to ensure the exercise of shareholders' inspection rights of books and records as well as safeguards for the protection of the legitimate interests of other shareholders, the several aspects of these restrictions is necessary.Of course, the realization of any right to judicial relief can not be justified as a protection mechanism. In this paper, a combination of company law theory, law and judicial practice from the main proceedings, the application front, the allocation of the burden of proof, evidence preservation, the time to demonstrate five aspects. These five areas cover not only the theoretical basis for litigation system of shareholders' inspection rights of books and records, but also sum up the proceedings of our system of judicial practice, the shareholders of the key and difficult issues, legislation and judicial practice ,in future it have a certain degree of reference.Finally,clarify and clear of the relevant basic legal questions of shareholders' inspection rights of books and records, The author analyzes legislative shortcomings of shareholders' inspection rights of books and records system, and makes a number of recommendations to improve shareholders' inspection rights of books and records system.In my view,for the protection of shareholders' inspection rights of books and records to know,we only rely on the existing legislation under the state system and is unable to meet needs.China's shareholders' inspection rights of books and records to know the loopholes in legislation and the design of a system,the lack of it is necessary for us to make in these areas of improvement.Legislation,lies shareholders exercising the right to know the details. This needs to draw on the relevant legislation of developed countries. System innovation,the author believes in learning from China's experience and in building the system developed on the basis should be read in conjunction with the reality of their own.Trying to establish the system of check and check order system.