Shareholders' Access Rights Are Studied Through The Exercise Of Legal Issues

The exercise of the right of consulting the shareholders is the basic right given by the company law,so that the shareholders can understand the information of the company's related management and lay the information foundation for the future choice of other aspects.Under a single corporate mode,there is only one independent legal person.Under such circumstances,shareholders can successfully exercise the right of access.On the contrary,under the company group,the parent company is a typical associated form with the subsidiary company.Both the parent company and the subsidiary company are independent legal persons.In this case,if the directors and executives of the subsidiary companies use the independent legal personality barrier of the subsidiary to engage in the interests of the shareholders of the parent company(small and medium shareholders),in the existing legislation and the judicial practice,the reference of the parent shareholders(small and medium shareholders)to the related information of the subsidiary company exists,and the interests of the subsidiary can not be remedied in time.The key problem that this article wants to solve is the problem of the exercise of the right of inspection of the shareholders in the company group,that is,the problem of the rights of the shareholders to pass through the exercise,in order to solve the harm of the interests of the small and medium shareholders and the unfavourable situation of the relief.Based on the analysis of the status quo of shareholders' right to access in China,this paper summarizes the problems existing in the exercise of shareholders' access right in China.Our company legislation is late.Most of them learn from the experience of foreign company legislation,plus the commonality of commercial law,so it is necessary to draw lessons from foreign experience.In the light of the existing practice in China,this paper makes an analysis of the basic theory of the exercise of the right of consulting the shareholders,and clarifies the basic system design of the shareholder's right to go through theexercise,which is the suggestion of the entity.In addition to substantive rights,procedural rights are also important.We should introduce dual shareholder representative litigation to protect the interests of minority shareholders.This paper also suggests that through the system of case guidance,it will gradually promote the realization of the rights of the shareholders to pass through the exercise.The application of the legal interpretation method is also very important,especially the typical cases published by the Supreme Court,which plays a certain guiding role for the local courts to judge the similar cases.In the text of "legal interpretation of company law(four)" published in August2017,there exists in the solicitation draft of "legal interpretation of company law(four)" on whether to consult the information of the subsidiary company,but the official text does not exist,it is a pity to say that.Of course,the right to pass the exercise of voting rights is not achieved overnight,and needs to be further promoted.Shareholders' right to pass through the exercise will be realized in legislation.