The Purpose Of Restricting Shareholder's Right Of Inspection Is To Discuss The Competition Of The Same Trade

? The supreme people's court on some issues of applicable <company law of the People's Republic of China regulations>(four)?(hereinafter referred to as the?company law judicial interpretation(four)?)refer to the competition as a shareholder of improper purpose,a new classification to the author at home and abroad by means of comparison and analysis of limits to refer to investigate patterns of the right of shareholders,the empirical analysis on the grounds that the competition in the judicial practice in our country limit the right of shareholders to consult the dispute case,discusses the restricting competition,as a shareholder to consult the unreasonable place.Based on balance shareholders' interests and corporate interests,the author put forward some legal suggestions to perfect the system of right of shareholders to consult,the reasonable strengthening shareholder to consult the legitimacy of the right purpose,the optimizing the "three characteristics" of the company's defense evidence,in the lawsuit to introduce both flexibility and efficiency of innovation mechanism,such as the guarantee system,notary system,audit system,shareholders and the company signed a confidentiality agreement,etc.Judicial interpretation of the newly established because of its no specific implementation rules brought new challenges to the judiciary,the judiciary should accurate grasp behind the core values and the judicial concept of judicial interpretation,and in the treatment of citing competition to limit shareholder cases to identify to distinguish the main business,real competition,knowledge competition and the internal connection of damage the interests of the company as a difficult point of the business,so as to find safeguard the legitimate interests of shareholders' right to consult and balance.