Research On Judicial Protection Of Shareholders' Inspection Right

The current system of the shareholders' inspection right,from the legislative structure to the judicial practice that more or less has some omissions.In this paper,based on the empirical research method and theoretical method,a lager scale of sample cases has been collected to test the running effect of the lawsuit system.This text consists of four chapters.We will introduce the legal significance and the legislative provisions of the shareholders' inspection right in Chapter 1,we will reveal the importance of the right and clarify the specific provisions of the existing legal texts on this right,forming intuitive understanding of this right.In Chapter 2,through the statistical analysis of 200 sample cases,we will analyze the situation of the plaintiff,the situation of the defendant company and the judicial dispute,and reveals the basic situation of the current lawsuit system,so we could test the relevant inferences.The third chapter aims to analyze the difficult problems of the lawsuit,including the "pre-procedure","the distribution of the burden of proof","the definition of the qualification of the plaintiff" and "the identification of the purpose".First of all,the academic theory of the pre-procedure will be elaborated,and to test whether the sample case of statistical and judicial practice is consistent.Secondly,we will introduce the rules in the trial about the distribution of the burden of proof.Thirdly,according to the situation of the plaintiff in the litigation,we will clarify the judicial tendency of the judge in the trial and puts forward some suggestions for the omissions of the judicial text.Finally,about the identification of unfair purpose,we will clear the thinking of the judicial practice of the trial,and we will introduce the mature practice in the trial when facing such difficulties.Chapter 4 begins with the view of the shareholders' access to the judicial protection.It is suggested that the existing procedure should be combined with the non-litigation procedure and that the introduction of the non-litigation procedure should be connected with the existing system.