Discuss Of The Non-Litigation Procedure Of Shareholder’s Right Of Financial Records Inspection

The shareholder’s right of inspection is a important part of the shareholder’s right to information,and the inspection of company financial records is the key point. After the amendment of2005company law,the shareholder’s right of inspection was established by law.But there is no provision about the litigation procedure of that right in the company law. In the judicial practice, thousands of shareholder’s right of inspection cases were settled in the normal litigation procedure,and a lot of problems occurred.It is necessary to apply non-litigation procedure whether consider from the lawmaker’s original idea,or consider from the trait of shareholder’s right of inspection cases.The construction of the non-litigation procedure of shareholder’s right of financial records inspection can protect the applicant’s(small shareholder) right in procedure better,can prove the company’s corporative management indirectly,and can save the both parties’time and limited judicial resource by reducing the time that the litigation costs.This paper includes four parts:The first part is the positivism analysis about the shareholder’s right of inspection cases.Through the statistical analysis of numerous cases and deeply understand of typical cases, we can find that there are bugs in the shareholder’s right of inspection cases practice.The second part is the instruction of the legislation actuality of shareholder’s right of inspection in china and foreign countries.In the domestic part,we check all kinds of normative files including law,especially conclude the lawmaker’s original idea from the law provision.In the foreign part,there is instructions about the provision of the procedure of shareholder’s right of inspection in US,UK,Japan and Chinese Taiwan.The third part is the fundamental theoretic demonstration of the application of non-litigation procedure to the shareholder’s right of inspection.From the beginning of semantic analysis,wee discuss the trait of shareholder’s right of inspection cases,demonstrate the feasibility and necessity of the application of the non-litigation procedure of shareholder’s right of inspection.The fourth part expatiates the idiographic construction of the non-litigation procedure of shareholder’s right of financial records inspection,it will impenetrate the whole procedure,and will includes many details.I hope it will offer some ideas and suggestions about the construction of procedure.