Research On The Legal Application Of The Identification Of Improper Purpose Of Shareholders' Inspection To Books

Shareholders' right to know is a basic right enjoyed by shareholders,and the right of access to accounting books is an important content of the right to know.The exercise of rights is borderline,and the company law restricts the exercise of the right of access to accounting books by "The legitimacy of the purpose".Interpretation of company law(four)enumerates four kinds of cases of shareholders' "improper purpose",but also triggers the discussion in academic circles,about the rationality and legitimacy of these four cases in theory and the maneuverability in practice,there are different views.The first part of this paper is the introduction,which explains the significance and the purpose of the study.The second part introduces the judicial position of the identification of shareholders' "improper purpose" in practice,explains the phenomenon of the disunity of judicial position in the trial,and clarifies the importance of unifying the judicial standard.The third part analyses the four cases of the identification of shareholders' "improper purpose" listed in article 8th of the interpretation of company law(four)from the legal level,combined with the academic controversy and discussion,as well as the search and combing of judicial cases,evaluates the application of the law of four cases,and put forward suggestions on its specific operation.In view of several situations not clearly stipulated in the legislation,some thoughts on the thinking of the trial are made.In the Part IV of this paper,some principles and concrete suggestions are put forward in view of how to perfect the identification of shareholders' "improper purpose".It is clearly put forward that the system design of shareholders' right to know is not only about the realization of shareholders'interests,but also affects the protection of the interests of the company.The system of shareholders' right to know is not simply to strengthen and protect such a single choice,but a balance of interests.The part V of this article is the conclusion,which briefly summarizes the viewpoint of this article.