On The Right Of Shareholder Litigation Legal System Inspection

Starting in2008，shareholders’ inspection irghts disputes showing anincreasing trend, but China’s "Company Law" Article34of the right of access toshareholders disputes relatively abstract rules of justice operability is not strong，however, there has been the main shareholder inspection irghts litigationeligibility issues in judicial practice, the claim scope of the problem，theproceedings and litigation issues such as allocation of the burden of proof, we useempirical methods to analyze and measure the beneifts，right of action ofrinspection by the shareholders of the above four aspects of the problem, andproposes some reasonable suggestions to improve our shareholders’ expectationsaccess rights litigation legal system and judicial work better guidance. Articlesequentially progressive layers from three theoretical foundation inspection bythe shareholders right of action, the relevant legal regime relevant foreignshareholder rights litigation and improve access to inspection by the shareholdersright of action to improve our legal system of inspection by the shareholdersrights litigation legal system analyzes and studies.The author describes the four parts of the legal system inspection by theshareholders right of action:The ifrst part describes the access irghts of shareholders litigation origin，significance of the topic，and the status of shareholder litigation legal systeminspection right into the review, followed by the article presents research methodsand articles of innovation.The second part describes the theoretical basis of shareholders’ inspectionrights litigation. Articles from concept right of inspection and the nature of theproceedings starting, and then put forward the basic principles of shareholderinspection irght of action (the principle of exhaustion of internal remediesprinciples and not abuse the right of inspection and the protection ofshareholders’ rights litigation simple and convenient access principles). The third part describes the main foreign shareholder inspection rightslawsuit related to the legal system, focusing on the subject of proceedingsqualifications, claims range, as well as the proceedings of the tiral the burden ofproof.The fourth part is a right of action to inspection by the shareholders of theproblems with foreign shareholders the right to access the legal system combineslitigation，focusing on analysis and research in four main qualificationproceedings, the scope of the claims, proceedings, and the burden of proof andmake a sound.