Research On The Right Of The Shareholders’ Inquiry

The separation of ownership and management has become the mainstream of Modern Corporation governance structure, the attendant problem is the company power by directors the actual control of the company daily management is too concentrated in the board of directors, and board of directors control a company, broke the balance of rights and the board of directors and shareholders will keep for separation of two rights in the course of time, the board of directors will there is danger of the rights of shareholders is nibbling advantage of violence, and may deviate from the original intention of the design method system of the company. In the game between the owner and the management rights, in order to make the shareholders can protect their own interests, shareholders inquiry right to play an important role, through the inquiry right shareholders can obtain relevant business information, require the operator to answer their for company management process of puzzling or questioned, so as to change the passive position of shareholders in the company operation process the gap between the owner and manager, make up the information is not equal, the exercise of the long term shareholders inquiry right to strengthen the general meeting of shareholders status also has a stimulating effect. So, want to prevent or solve the problem of two board of directors right to confrontation produces center principle whose core is in one of the shareholders to the board of directors to understand the business behavior, and to achieve this objective, shareholders inquiry right is the guarantee for shareholders to understand business, an important way to know the board control behavior. China’s "company law" in the current legislation of the shareholders inquiry right, but the provisions of this clause only played a role in the enlightenment slightly, to explain the reality application and practical operation problems did not reflect the shareholders inquiry right should have value, Therefore, research is very necessary to build institutional shareholders for the right to question, and to design specific programs。 By comparing research and normative research analysis shareholder rights question has been systematically studied。This paper is divided into three parts to analyze the shareholders inquiry right, the first part is mainly the feature definition, nature, function to shareholders inquiry right to interpret what is shareholders inquiry right, in order to shareholders inquiry right to make clearly defined; The second part discusses the nature of shareholders’ question right, from right to know, a total of usufruct, solid ownership, individual shareholders the right to question the four angles to explore the nature of property rights, to explore its intrinsic value; The third part focuses on the exercise of shareholder rights question in the relevant norms and practice issues, exercise subject, scope, time, location and description of the obligation of shareholders to understand several aspects of the operation from the inquiry right question the right of shareholders to obtain efficient way of improving the operability of inquiry right; The fourth part on legal remedies shareholder the right to explore the question, the main research question directly to shareholder litigation relief system, in which each shareholder to withdraw the resolutions of the General Assembly to improve complaint, lawsuit for damages and mandatory challenge to build the complaint, by combining a wide range of relief measures to shareholder inquiry right is really capable of being realized. Full text adhering to our shareholders question the purpose of the system conceived in their own systems to identify problems at the same time learn from foreign advanced legislation of outstanding legislation and whether it is worth overseas transplant, transplantation carefully consider how to compensate our shareholders’rights system in question inadequate.Shareholder inquiry right is a very enlightened shareholder rights, if can effectively exercise the right, the protection of minority shareholders in general meeting of shareholders and the activation of vitality will play no small effect, in the future the system design in the laws and regulations for the shareholders inquiry right regulations should make its can freely shuttle in the static and dynamic rules and rights of other shareholders, to the organic interface, display its value.