The Research On Shareholder Inspection Rights Protection

As one of the shareholders informed typically, shareholders’ right of access rightsis to ensure that fully understand the company operating conditions, thus exercising theright to vote and the right to the full exercise of the right of appeal is an important right.As the market economy develops, The company not only increase its developmentprocess, but also lead to many problems, such as many shareholders not timelyexercise their right of access and other rights, making them the dilemma facingimportant decisions need to be made when only blind show their hands, which damagethe interests of the shareholders. Governance structure adopted by most moderncompanies are separation of ownership and management, under normal circumstances,shareholders are not involved in the daily management and operations of the company,the shareholders in order to participate in the company’s affairs and to supervise thecompany’s managers, they must be aware of operational status and related informationon the company, only on the basis of the shareholders to better exercise its propersupervision, in order to better the company’s major business decisions are made in linewith their real intention, to better protect the limited rights and interests of shareholders,to promote the healthy development of the company direction. Existing shareholders’right of access to company law the company made two different rules, but the scopeof the exercise of the right of inspection is very limited, there is not the legitimateinterests of the shareholders for effective protection. This paper attempts toshareholders ’inspection right system to study and explore, on the one hand helps us tohave a deeper understanding of the shareholders’ inspection rights theory, on the otherhand hope to difficulties encountered in the judicial practice. The article consists offour parts, the first part of the nature and value of the concept of shareholderinspection right start, in order to investigate the shareholders ’ right of access leads tothe meaning and purpose; second part is related to the enactment of legislation andforeign experience of enlightenment on shareholders’ inspection rights, the article byseveral foreign national legislation of the typical shareholder inspection right on the analysis, pointing out the foreign shareholder inspection rights system providesadvantages over the country, to provide a reference for our shareholders to furtherimprove the access rights system; clear that the third part of the current ourshareholders’ right of inspection system problems to improve shareholders’ inspectionrights system below the foundation; fourth part is the one put forward correspondingmeasures to improve rights for shareholders’ inspection system in the third part of theproblems raised, in order for the judicial practice hear disputes arise right of access toprovide some reference.