Legal Study Of The Shareholders' Inquiry Right

In the modern enterprise system,the separation of ownership and management of an enterprise becomes obviously.A majority of shareholders do not directly manage corporation on a daily basis.Director and senior management dominate the management decision.Because of the serious information asymmetry,it is more advisable to provide special protection for shareholders.The shareholders' inquiry right is the important right of protecting shareholders,Because understanding of the company's performance,and related information is shareholder participation in the company's major matters of the decision of premise.But the Chinese Company Law only makes general provisions in article 97 and article 150,the inquiry right's interest field,exercise program and legal procedure do not formulate explicitly.In practice,there is no legal basis to depend on when the judicature organization is processing correlation case frequently,for relief increased judicature practice work is difficult,the shareholders' right to protection would be difficult to practically.This article will be centered on the provisions of legal,combined with research status and personal views,taking the typing analysis as the breakthrough point,this article discusses the role of shareholders' inquiry right in the current company law system and how to play its due role in real life,and how to provide relief in the face of shareholders' inquiry right to be violated.This article is divided into four chapters.The first section introduces the inquiry right's definition of legal concept and typing analysis.The second section introduces the institutional status of shareholders' inquiry right in China,discuss the dilemma of shareholders' inquiry right under the current situation.The third section set out to discuss the theoretical reasons and practical reasons for the issues of shareholders' inquiry rights.The fourth section is the focus of this article,beginning with the issues of shareholders' inquiry right,by means of typification analysis,the article analyzes the inquiry right's interest field,the inquiry right's legal procedure and the inquiryright's redress methods.Make suggestions to solve the issues of shareholders' inquiry right.According to the answers to the questions related to shareholders' inquiry right,this article analyzes the ways to improve shareholders' inquiry right in practice.