Study On The Legal Issues Of Shareholder's Right Of Inspection

With the development of the economy,the company,as a legal person,plays an increasingly indispensable role in the social and economic market.This article mainly discussed the issue of limited liability companies.Today's limited liability company ownership is separated from the management rights.Due to this kind of operating mechanism,shareholders,as a funder,may not be directly involved in the daily business activities of the company due to lack of management experience.Instead,they recruit professional managers to manage the company's business affairs.Therefore,shareholders can only understand the company's operations by exercising the right of inspection and protect their rights by exercising the right of access to the shareholders,which can effectively supervise the company's management personnel and prevent the company from concealing the company's real profits and losses,or harming the company's interests or damaging the interests of the company's shareholders.In some companies,the company's managers and major shareholders may even have joined forces to violate the rights of minority shareholders.These are the reasons why shareholders exercise their right of inspection.In recent years,the provisions of Chinese laws on shareholder access rights in the company law are more and more detailed,but still not complete enough.Some local legislation is blank and some laws are too principled due to the imperfect law inspection.Therefore,the court has produced different trial results in the judgment of the case.Of course,it has also caused a lot of controversies in the academic circles.Firstly,the author collected and classified and summarized the relevant cases of the company law,and then selected three cases with the same focus of controversy.Secondly,the author analyzed the legal focus of the dispute and summarized the shortcomings of the law in combination with the current judicial practice.Finally,through the usual legal basis and the views on the inspection rights of the company law,suggestions for the feasibility of legislation are given.In general,the paper was divided into the following four parts:The first part was introduction.The introduction part mainly introduced the research background,research significance,research methods and research status at home and abroad.It mainly introduced the development of the paper.The second part was the introduction of the case.This part mainly introduced three classic cases that were sorted out and collected before.These cases generally showed an important manifestation of the issue of shareholder inspection rights in current judicial practice.Due to different judgments of the courts in each case,the author analyzed these results,and tried to find out the key points of these disputes.The third part was the legal analysis of the focus of the dispute.This part was a legal analysis of the focus of the second part.In this part,the author first gave an overview of the shareholders' access rights,and roughly explained the connotation of the shareholders' inspection rights,the nature of the shareholders' inspection rights,and the characteristics and origin of the shareholders' inspection rights.And then,the author put the pre-procedure of the shareholder's inspection right,the legitimate purpose,the scope of the three focus issues for legal analysis.The fourth part was the conclusion and enlightenment of inquiry,which mainly summarized the previous legal analysis and get experiences from cases.The first was the issue of pre-procedures for shareholders to file a lawsuit.The author also referred to the provisions of the extraterritorial law regarding the pre-procedures of shareholders when filing a lawsuit;secondly,it is to refine the improper purpose of the company law;thirdly,the scope of shareholder access rights.Normative issues;finally,it was recommended that China establish a system of examiner selection based on the current national conditions.