Research On Shareholders' Right Of Inspection Of Limited Companies

With the continuous development of economy and society,the process of national rule of law is getting faster and faster,and the governance mode of modern companies is becoming more and more diverse.As an investor,shareholders are becoming more and more aware of the rule of law in such an environment.Therefore,there are more and more cases concerning shareholders' right of access litigation in China.There are many disputes in the legislation of shareholders' right of access,which also exists in the practical judicial practice.As the "company law judicial interpretation four",including to the provisions of the shareholders' right to consult in detail than once upon a time there was a lot of progress,but there are still some problems in practice: for example,the understanding of "specific file material",the right to consult the subjective important document the cognizance of "improper purpose" situation,the substantial deprived of right of shareholders to consult the terms of the effectiveness,and the third person auxiliary shareholders the right to consult the problem,and so on.Through case analysis,interpretation of the law and theoretical research,the author finds that the problems of access right of shareholders of limited companies still focus on the identification of the subject qualification of access right,the identification of the scope of the object of access right and how to exercise the right of access.In this paper,the author believes that the identification of the subject qualification of the right of access should be divided into two aspects.First,the identification of the shareholder qualification,in which the substantial and formal requirements are weighed,also includes the identification of the subject qualification of the right of access of defective shareholders and anonymous shareholders;Secondly,the research on the subject of special access right includes whether the shareholders,equity trust and equity stakeholders have the qualification of access right subject after the transfer of equity.For shareholders to consult in the scope of the object of rights that enumeration lawmaking mode of our country there are enumerated neglect the summary list of recommended type of legislative mode for the scope of access rights to regulation,and in the practice of judicial shareholders can refer to accounting vouchers and shareholders of the parent company can through the right to refer to these two questions to analysis,the author held a positive attitude to the two problems are.To exercise of the right of shareholders to consult the problem,the author thinks that shall be respectively from two aspects of objective and subjective,first in terms of objective elements should satisfy the exercise of prepositional procedure and refer to time and place,secondly in terms of subjective factor,to determine whether comply with the application of the subjective important document,the author think that due to the difference of object access rights shall be applicable,for the cognizance of the subjective important document,the author thinks that should meet the requirements of both sides,and for the purpose of "improper" in the judicial practice of reading.In terms of exercising the right of access,some Suggestions are given for the third party to exercise the right of access.