A Study On The Shareholder's Right Of Examinating The Accounting Books In China's Limited Limited Liability Compaies

Almost all countries experienced the extended range of information that the shareholders are entitled to know and provided increasingly stronger protection for the realization of those rights.In the context of the prevalence of modern company management structure where the separation of the ownership and management is commonplace,and where managers have strong incentive to violate shareholders' interests,guaranteeing shareholders right to access to information especially accounting books is a crucial way to facilitate supervision over company management so as to protect shareholders' interests.In our current legislation,even though the right to examine accounting books is explicitly stipulated in our company law,considering its over-generalization,it is not sufficient to meet the current business practice and the need for trial practice.Even the fourth judicial interpretation also fails to improve the disputed situation.Therefore I try to analyze the fundamental principle behind this right,refer to other countries' advanced experience and effective practice,pinpoint what the difficulties faced in trial practice by reviewing decisions made by different courts and review the fourth judicial interpretation to figure out what is the progress and what is deficiency.The first chapter mainly analyzes the institutional value,theoretical basis and the nature of the right.The rights of exanimating accounting book are based on the shareholders' right to know and are used to protect the shareholders' knowledge of the company's financial status and operating conditions.The second chapter will mainly introduce foreign countries' regulations concerning the review of shareholders' accounting books,and discuss the relevant provisions of the US,Japan,Germany,and South Korea's commercial legislation concerning the right of shareholders' accounting books,and analyze them comparatively.The third chapter is the brief introduction and analysis of the status quo of our country's current legislation and the judicial cases.This article empirically analyzes more than a hundred actual cases retrieved in recent years.Although China's Company Law simply stipulates the rights of shareholders to access accounting books,it is not always achievable in reality.The fourth chapter combines the analysis of the legislative status quo and the judicial practice in the previous section.There are deficiencies in the right of the right holder,the definition of the legitimate purpose,the scope of the right,and so on.Therefore,in view of the above-mentioned deficiencies,we propose to improve the shareholders' right of exanimating accounting book and the corresponding system construction.