On The Right Of Shareholders To View Exercise And Protection

Towards the exercise and protection of shareholder’s right of inspection, the first thing which is the subject of the access rights for shareholders needs to be cleared. the main countries’provisions on shareholder qualification of the right tend to be not restricted by its proportion and time. The regulations of ordinary shareholders’exercise qualification of right of inspection in our country comply with the trend of the world, and towards the special shareholder such as original shareholders with shares transfered, the author thinks they should be given their corresponding shareholder’s access rights, as long as there was facts of interest damaged to the original shareholders, it represents that they still have inspection rights on the litigation right level, their inspection rights do not eliminate with the shares transfered. Furthermore, special shareholder such as dormant shareholders, the author thinks they should not be given inspection rights, dormant shareholders are the actual investors behind the nominal shareholders, they do not exsit to the company in extreme cases, they are not shareholders.Towards the regulations of contents of inspection right of books and records by share-holder, the author mainly focuses on the study of accounting books and accounting vouchers. The accounting books should be included in the scope of the shareholders’inspection rights in the joint stock company, the access rights to the accounting books should not be deprived only because of the possibility of risk. At the same time, the limited liability company’s shareholders should also be given access to the rights of the accounting vouchers, in the accounting books of the lower accounting vouchers and its component of proof of charge to an account, and under more primitive evidence is the basis of the accounting books of the company files.In the exercise of the shareholders’inspection rights, the author defines the legitimate purpose which is the shareholders’well-intentioned, has reasonable connection to the interests which can be protected through the exercise of books of the access rights, Its topic is characterized by its goodwill, reasonable connection, in order to protect shareholders’inspection rights thoroughly, on the standard of affirming legitimate purpose, the first thing you need to do is using a general connotation of "legitimate purpose" to do a preliminary decision, then cope with increasingly complex access rights cases through positive examples combining with negative examples. At the same time, with the undertaking of the burden of proof, the shareholders don’t need to take their responsibility of proving "legitimate purpose", when the company denied the access to shareholders,they need to bear the burden of the responsibility of proving that the shareholders have the improper purpose, in order to protect the minority shareholders’inspection rights.To improve the system of shareholders’inspection rights, inspection rights relief is necessary for the rights of the shareholder, our existing relief ways in our country are not perfect. first of all, the judicial protection should be implemented from the application access rights to the shareholders, then add possible relief approaches such as special procedure which can be complementary to normal procedure, which can jointly improve shareholders’inspection rights lawsuit system, enhance legal actionable.