On The Accounting Books Of The Shareholders Of A Limited Liability Company Right Of Access Study

With the development of capital market of China, medium and small stockholders have emerged into the limited liability company and their benefits are usually harmed by the executives and big stockholders from huge company. Although the Law of Company upholds that the company is a benefit union which guarantees that the stockholders of limited liability companies have the checking right of account books and the protection of shareholders, essential rules and regulations are unsound, unpractical and hard to manipulate, such as scope, necessities and procedures of the right to check accounting books, specific judical relief program, social responsibilities and the issues of protecting the benefit of shareholders. Until now, disagreement still exists in identifying the scope of the company interests and the achievement of balanced protection of all shareholders. Traditional theory of the Law of Company holds that stockholder is the owner of the corperation,therefore the company interests is the stockholders'interests which equals to the sum of short and long term interests. However, more and more suspicion is aroused under the development of Company Law. A person holds the idea that the company should not only protect the interests of stockholders, but also protect the interests of shareholders, such as managers, creditors, suppliers and employees. The origin and growth of the conception and theory of shareholders include deep and profound social factors. In practice, implementation and protection of the accounting books checking right in the maximum extent and defence of the own right of shareholders demand comprehensive consideration. Thus medium and small stockholders and shareholders want to know more information of the company and participate in the company management. In order to protect their interests and stimulate investment from the goverments, sound institutions and regulations of the protection of medium and small stockholders need to be established and improved. According to Chinese particular capital structure and market situation, internal supervision system, external audit system and democratic supervision system need to be improved, relief measures of small shareholders, democratic management and corperation management system need to be perfected. Protection system of shareholders and accounting books checking rights should be set up under the actual situation of China. This context demonstrates the relationship between limited liability company and their stockholders to better implement checking right of accounting books and protection of medium and small stockholders'benefit, and some primary opinions and practical proposal are proposed. throuth the establishment of a sound and modern corperation structures, we hope to prevent and reduce the illegal behaviors and violations to stockholders.On the theoretical basis of the institution of the checking right of the accounting books, this text mainly make a research of collecting papers, judicial explanation and methods of explanation. This article that drawing on the experience of foreign legislation and national legislation analyses China's current on the legal system of the checking right of the accounting books, and to modify and improve future recommendations. The first part of Introduction:the conception, the feature and the significance of the Shareholders of a limited liability company accounting books access rights and the regulations of shareholder's right of access to books in the United States, Japan and other countries. The second part mainly introduces the objective determination and the burden of the right of access to shareholders books. Understand the connotation of the legitimate purpose and the improper purpose and the burden. The third part focuses on the type, scope, procedures and deadline of the right of access to books. The fourth part mainly introduces Shareholders the right of access to books of legal remedies. That is the company refused to consult the accounting books of the exercise of shareholders relief method and set up the legal procedure, etc.