Research On Legal Problems Of Shareolders' Inspection Right

Shareholders 'right to know plays an important role in shareholders' rights.Shareholders exercise their right to know and supervise the company's business scope and daily operations.During the continuous revision of the "Company Law",the law gradually made perfect and clear provisions on the right to know.The Company Law,which came into force in 1993,clearly stipulates the right of inspection by shareholders.Afterwards,the "Company Law" was further revised,and the content of shareholders 'right to information was greatly changed.The scope of shareholders' right to information was expanded,shareholders 'right of reproduction was increased,the exercise of shareholders' right to information was appropriately restricted,and Shareholder's right to sue.The "Judicial Interpretation of the Company Law(4)" promulgated in 2017 further refined the shareholders' right to know on the basis of the existing provisions of the Company Law.In practice,there are still many problems to be resolved in the entrusted exercise of shareholder inspection rights.First,when China formulated the "Company Law",the provisions of the "Company Law" and the judicial interpretation of the shareholders' right to know were relatively vague,and the laws were not clear,which made shareholders vulnerable to obstruction when exercising their rights;The pre-procedure to exercise the right of inspection is complicated.The purpose of shareholders to exercise the right of inspection is to obtain the company's current status information,and the current law so provides that the timeliness of the information cannot be guaranteed.The third is that the qualifications and scope of the subsidiary are ambiguous.The "Judicial Interpretation of the Company Law(4)" only explicitly mentions personnel in the two industries of accountants and lawyers,and there is no clear list of other possible professionals,which results in In judicial practice,rulings on related issues will lead to the issue of different judgments in the same case and repeated litigation.In order to guarantee the realization of shareholders' inspection right abroad,a checker appointment system has been set up,and the inspector's selection qualifications and selection procedures have been relatively comprehensive.This system is similar to the content of the exercise of the shareholder inspection right in China.It can provide some new solutions to the problems in the process of entrusting shareholders' inspection rights in China.On the basis of fully drawing on the advantages of the foreign inspector appointment system and combining China's judicial practice and national conditions,the entrusted exercise of inspection power in China should be improved from the following aspects: First,it is recommended to introduce non-litigation procedures in legislation and the inspection power to shareholders After being infringed,the contradictions can be resolved quickly through nonlitigation procedures;secondly,the selection process of the auxiliary is simplified;again,the qualifications,rights and responsibilities of the trustee are clarified,so that the trustee's investigation work In practice,it is more accurate and effective.Finally,the content of the ruling is clear.In the case of disputes over the right of shareholders to review,the winning ruling can be implemented to achieve the final purpose,and the content of enforcement is determined according to the main body of the ruling.Completely and specifically specifying the time,place and document scope of the exercise of the right of inspection by the first shareholder,the shareholder and the company can accurately know how the two parties should cooperate and fulfill the court judgment,so that the judgment can be effectively implemented.