The Study On The Rights Of Shareholders To Inquire Of Chinese Company Law

In modern company governance structure,they authorize board of directors and some senior executives to manage the company.Shareholders control the company through shareholders'(general)meeting.However,as the power of the board of directors continues to expand,the board of directors might gradually take over the rights to control the shareholders' meeting or the general meeting,which excludes the small and medium shareholders and breaks the balance of rights between the board of directors and the general meeting of shareholders under the company governance system.In order to balance the power between the board of directors and the(general)meeting of shareholders,it is necessary to strengthen the power of the(general)meeting of shareholders,improve shareholder's situation in obtaining company's information and in supervising the board of directors.Many countries establish a system that the rights of shareholders to inquire.The Chinese Company Law raised the principle of the rights of shareholders to inquire in 1993.Although the Chinese Company Law has been revised some times in these 24 years,the system of the rights of shareholders to inquire has developed slowly and the related stipulations are too general to be used in practice.Only to specify the method of exercising the rights of shareholders to inquire,exercising conditions,scope boundaries of the rights and relief methods,can solve the tough situation that the rights of shareholders to inquire is hard to be applied.This paper,through the analysis of the system of foreign shareholders' right to inquiries,combined with the practical difficulties of our country,will discuss the problems of the system of shareholders' right of inquiry in the company law of China and study the corresponding measures.The first chapter of this paper is the introduction.This paper mainly introduces the problems,background and significance of the study,and makes a comprehensive review of the relevant literature.Finally,it also gives a brief introduction to the research methods and the structure of this article.The second chapter studies the legal definition of shareholder's right to inquiries.The definition,nature,function and legislative process and development of shareholders' inquiry right system are mainly discussed and analyzed.The third chapter introduces the right subjects of shareholders' inquiry right.This paper mainly focuses on the research and analysis of the general and special subjects of the shareholders' right to inquiries,and discusses the problems and shortcomings in the right subject of the system of the right of inquiry of shareholders in China.The fourth chapter studies how to exercise shareholder's right to inquiries.This paper mainly discusses and analyzes the problems and shortcomings in the exercise occasion,mode,scope and boundary of shareholder inquiry right in China.The fifth chapter mainly discusses the relief system of shareholder's inquiry right.This paper mainly discusses the shortcomings of the system of shareholder inquiry right in the judicial relief level,and concludes that the shareholders can put forward to the court to revoke the shareholders(general)resolution,damage compensation and coercive inquiry in order to safeguard their rights and interests.On the basis of the first five chapters,the sixth chapter mainly discusses the suggestion to perfect our shareholder's inquiry right system.