Research On Inspection System Of Shareholders’Right To Inform

Shareholder’s right to inform is a very important right, is a tool to achieve other equity right, is a basic right. Through the realization of the right to inform, shareholders can exercise the voting rights of other rights or supervisory rights. However, due to the separation of two powers of the company, the shareholders can not directly control all of the company’s real information. Resulting in frequent violations of the shareholders’ right to know. In this context, in2005we promulgated the "Company Law". Therefore the protection of shareholders’right to know has been further enhanced. However, there are still flaws in the system design and the right to relief. This article attempts to introduce foreign shareholders the right to know where the inspection system to improve our shareholders’ right system.This article has four sections. The first part of the shareholders’ right to know the status and problems of the system, this part of legal provisions is to our existing shareholders the right to know the status of the analysis, including the existing regulations and the problems and try to find the reason for this situation theory. The second part is the study of comparative law in the shareholders’ right to inspection system. This section introduces the extraterritorial law, mainly to see how shareholders’ right in common law and civil law are provisions about inspection system. Since these countries have a developed market economy level, and these have a reference to improve our shareholders’ right to know. The third part is the necessity analysis of the the introduction of inspection system. This part the author analyzes three aspects of the introduction of the necessity, taking into account the inspection system elaborated an inspector role. The first is the rationality of judicial intervention, the second is inspection system is able to help people realize the shareholders’ right to know, the last is it can balance the shareholder rights and corporate interests. The fourth part is the exercise of building the inspection system, mainly from the judicial election and shareholders appoint an inspector, from this two angles to design, elected subject, subject matter, inspection person’s authority and dismissal, as well as aspects of the consequences of the inspection report.