Study On The Exercise And Restriction Of Shareholders' Right Of Access

The right of access is an important tool to protect the legitimate rights and interests of minority shareholders.The right of access is effectively exercised in economic activities,which is of great significance for the minority shareholders to understand the actual operation of the company,to reduce their own investment risk to obtain greater benefits,and to eliminate the confrontation between the minority shareholders and the major shareholders,management and management,and companies.However,the legislation of our country is still in a stage of development and perfection,and there is still ambiguity about the provisions of the right of access.The Judicial Interpretation of Company Law(4)(hereinafter referred to as "Interpretation 4")has been further refined,but the results of similar cases vary from time to time.This paper is divided into five chapters.The introduction of the first chapter shows the background and basis of this article,the purpose and significance of the research,the development of shareholder's right of access in China and abroad and the problems exposed.The second chapter gives an overview of the exercise and limitation of the right of access.Firstly,it shows the right of access and its legal nature,secondly,it shows the qualification of the subject,the scope of access and the definition of "improper purpose ".The third chapter interprets the provisions of the Company Law and Interpretation 4,focusing on the actual economic activities,analyzes the main problems of the shareholder's right of access in our legislation and judicial practice,that is,some shareholders' main qualification is not clear,the scope of access is narrow,and the operation of proper purpose restriction is.Right to access is now facing a situation of re-improvement,can not avoid.The legislation should make clear the shareholder qualification of the shareholders whose capital contribution is defective,further expand the scope of the right of inspection,include the accounting documents clearly in the scope of inspection,and set up the proper purpose determination clause on the basis of the improper purpose determination.