Research On The Scope Of Shareholders' Right To Consult In Joint-Stock Cooperative Enterprises

Born in the 1980 s in China,The joint-stock cooperative enterprise is a kind of enterprise organization with Chinese characteristics.The development of the shareholding cooperation system has promoted the development of the urban and rural economy,but it also brings a series of legal issues,one of the issues is the scope of shareholders' rights to consult in joint-stock cooperative enterprises that can't have a clear definition.Because there is no special law for the joint-stock cooperative enterprise,the other normative documents made by central government and local government also have few rules about the scope of shareholders' rights to consult in joint-stock cooperative enterprises,we can only follow the rules of the article of an enterprise.But in fact,the rules about the scope of shareholders' right to consult joint-stock cooperative enterprises are simple and tough.It means that these rules are unreasonable and shareholders can't get their goal of grasping the information of business condition in the enterprise.On the basis of this situation,writer reveals the actual disputes and causes of the scope of shareholders' right to consult joint-stock cooperative enterprises.Then writer studies and analyzes the handling of this problem in the judicial practice of the court.Writer also discusses two questions,one is that should we define the scope of shareholders' right to consult joint-stock cooperative enterprises individually? The other question is that which value should we choose in the defining the scope of shareholders' right to consult joint-stock cooperative enterprises,focusing on protecting shareholders' rights or centering on protecting the interests of enterprises?In the end,writer will raise a specific definition of the scope of shareholders' rights to consult joint-stock cooperative enterprises.The main body of this article is divided into four parts to expound the definition of the scope of shareholders' right to consult in joint-stock cooperative enterprises.Chapter One discuss the actual controversy of the scope of access rights of shareholders of joint-stock cooperative enterprises.It has two main manifestations.One is that can shareholders consult the documents out of the article of an enterprise?The other one is that can we define the scope of access right by applying the Company law?Then writer will analyse the cause of these manifestations,we will find that the imperfect rules in normative documents made by central government and local government are the main cause.Also,the article of enterprise doesn't give a clear and reasonable definition.Chapter Two is about Judicial confirmation of cases related to the scope of access rights of shareholders of joint-stock cooperative enterprises.Through these judicial confirmations,it shows how the court deals with the above practical disputes and the reasons.Then by making the summary and analysis of the court's approach to reflect the judicial practice of defining the scope of shareholders access to the problem.Chapter Three discusses two basic considerations on the definition of the scope of shareholders' right to consult in the joint-stock cooperative enterprises.One consideration is that we should define the scope of shareholders' right to consult in joint-stock cooperative enterprises individually.In order tovoice my opinion,I will expound in two sides.The first one is whether the scope of the shareholders' access rights should be separately defined and the other one is whether the system design should focus on the protection of shareholders' rights or the protection of the interests of the company.The other question is that which value should we choose in the defining the scope of shareholders' right to consult in joint-stock cooperative enterprises,focus on protecting shareholders' interests or centering on protecting the interests of enterprises?Chapter four is about the system on how to define the scope of shareholders' right to consult in joint-stock cooperative enterprises.Writer divides enterprise documents into three categories and then discuss should they include the scope of shareholders' right to consult in joint-stock cooperative enterprises.Besides,writer discusses whether business secret should include in the scope.