Research On Shareholders' Right Of Inspection System

Shareholders' information right is mainly realized through inspecting corporation's records books and records.Therefore,shareholders' right of inspection system is at the core of the shareholders' information right system.Shareholders' right of inspection is not only a vested right based on shareholders' identity,but also an instrumental right which has a bearing on the realization of shareholders' other rights.The importance is self-evident.Whether entrust inspection right to shareholders or not,and in what extent to entrust inspection rights to shareholder often relate to the balance of interests between shareholders and the corporation.Company law should not only ensure the shareholders' right of inspection,but also safeguard the legal rights and interests of the corporation.How to allocate rights to keep balance between shareholders' interests and corporation's interests needs us to make value's selection and system design.In recent years,the case about shareholders' information right dispute has become one of main form in corporation case.In 2005,our country revised the company law to improve and perfect in a certain extent,but there are still plenty of issues in legislation about shareholders'right of inspection.One issue is that legislation is more restricted by principle,which does not explain clearly some significant conception in shareholders' right of inspection stipulation,such as the obscure criterion of proper purpose and the confirmation of the subject qualification in right,for example,dormant partners,shareholders who have flaws in investment,former shareholders,and other special circumstances.The second is the problem of the lack of system,such as,not specially stipulating the storage of the company's documents,and not stipulating the inspector system.We need to analyze these problems and clear up these problems.This article will analyze the core problems in the dispute of shareholders' right of inspection and views on sphere of learning and the dispose of judicial practice as well as explore how to build shareholders' right of inspection system.The research of this article is mainly about the following aspects of shareholders' right of inspection system,the subject qualification,the object range,the exercise of rights,as well as the relief of rights.This article will also compare the shareholders' right of inspection system of the United States,Britain,and Japan.This article will compare the differences and features of shareholders' right of inspection system of the three countries,and sum up legislation trend and draw inspiration from it.Based on the judicial practice of our country,the article will design a project in dealing with these problems by drawing lessons from foreign experiences.Our country's shareholders' right of inspection system should meet the inspection needs of shareholders to the most extent.On the premise of it,shareholders' right of inspection system should formulate process standard about the exercise of rights to make shareholders'right of inspection system operational in detail and pursue a simple,high-efficient,economical route to make shareholders'right of inspection system remediable.When devising the system of shareholder inspection,it should always pay attention to keep the balance of interests between the shareholders and the company,cycle between the two interests,and find the best fit point of balancing the interests of both sides.