Theory Of Shareholder's Right To Audit

In our company legislation, the right to audit on shareholders,"Company Law" only requires the limited liability company shareholders’right of the accounting books, shareholders’ right of accounting books ofthe Corporation’ right is not provided. Meanwhile, the accountingdocuments for the shareholders’ right of access is no provision. This causedispute in the Companies Act scholars.Some people hold a positive view,they think in order to better protect the interests of shareholders, and realizethe legislation purpose, it should be give the shareholders’ right to consultthe accounting books and gave this two corporations Accountingdocuments inspection right. Some people hold a negative view thatshareholders’ accounting documents given to the right of access against thecompany’s trade secrets, and it will be detrimental to the company’smanagement. Others believe that a distinction should be made betweendifferent companies and different points. For this problem, I will bediscussed in detail later in this article. In judicial practice, shareholderaccounting books whether to give a limited right of access, whethershareholders enjoy the right of access of accounting documents, the courtdecision is also inconsistent.In writing, this paper will be based on Shareholder s rights in thepractice of the case analysis, elaborated our country stockholder s rightslegislation present situation, shortcomings, this will leads to the right ofshareholders audit rights’ concept,nature, legal basis and content. At thesame time, this article will use the method of comparative study, focusingon the United States, Japan and other countries and regions of the relevantshareholders’ audit right undertook comparative study, in order to perfectour country’s shareholders’ audit rights.In addition to the introduction and conclusion, the body is divided intothree parts:The first part of an overview for the shareholders’ audit rights. Thispart is divided into three sections: the first defines the concept ofshareholders’ audit rights, which defined the concept of financial and accounting reports, accounting books, accounting documents, and analysisof the relationship between these three; the second section are analysis ofthe nature of the shareholders’ audit rights mainly from four aspects,shareholders’ audit rights is right of claim or right of formation, right or notinherent inherent right, the right of minority shareholders or individualshareholder’s right, common rights or the benefit right; Section IIIdescribed the legal basis and function of the shareholders’ audit rights.The second part focuses on the content of the right of shareholders’audit. In this regard, the main body, subjective aspect, the object of theshareholders’ audit rights are analyzed. Which, for every aspect of the firstof Comparative Law. In the main body part of the shareholders ’audit rights,i will discuss the definition and ownership percentage and holding periodof the shareholders; In the part of the subjective purpose of theshareholders’ audit rights, subjective purposes summarized from the UnitedStates-style legislative mode and Japan cited the Legislation Modes; In thepart of the object of the shareholders’ audit rights, it will be discuss theshareholders accounting accounting books right and accounting documentsinspection right.The third part is mainly for the legislation of our country actual,focuses on the analysis of China’s audit rights system. Firstly, it is theanalysis of the legislative history of the shareholders’ audit rights. In thisregard, they are the legislative history and current situation of theshareholders’ audit rights. Secondly, from the subject, subjective aspects,objects of the shareholders ’audit rights,it will be put forward a soundproposal. Finally, on the basis of i the widely audit rights given to theshareholders,it will be put forward prevention and remedy of theshareholders’ abuse audit.