Expanding "Rights" Or Shrinking "Rights"

Shareholders' right to know is the prerequisite for the effective exercise of other rights of shareholders.From the standpoint of safeguarding shareholders' rights and interests,expanding shareholder' s right to know is an inevitable way to improve information asymmetry and enhance shareholders' oversight capabilities.Expansion should be subject to limited power reduction.Therefore,under the background of imperfect construction of the right-to-know system and the obvious contradiction of the right-to-know dispute,the shareholder's right-to-know inspector system has become a breakthrough in solving problems.Chinese company law has not yet stipulated the system of inspectors,but the system has matured in the United Kingdom,Japan and other countries,and it has unique value in terms of improving corporate governance and expanding shareholders' right to know.On the occasion of the 70 th anniversary of the founding of New China,China started the sixth research work on the revision of the company law,focusing on the needs of the times.The mission of the new company law is to promote the company's sustainable growth,and corporate supervision should focus on improving corporate governance.Therefore,on the premise of maintaining the construction of shareholders' right to know,this paper analyzes the development and advantages of the inspector system from the perspective of comparative law,and strives to achieve certain breakthroughs in terms of theoretical extension and system design.The first chapter of this article mainly introduces the right structure of shareholders' right to know and the problems that exist.The shareholder's right to know is the basic right among shareholders' rights,and it is further subdivided into the right of inspection,the right of inquiry,and the right of request for the appointment of inspectors according to different exercise methods.At present,China's company law only provides the right to know and the right to know,but there are problems such as whether the original accounting books can be checked and the lack of remedy channels for the right to query.Although judicial interpretation allows shareholders to entrust professionals to inspect,there are still many Insufficient,the protection of shareholders' right to know needs to be strengthened.The second chapter of this paper mainly introduces the origin of the inspector system of the shareholders' right to know,and analyzes the attributes and value of the system.The inspector system has developed along with the evolution of company law.The inspector system is a "penetrating" inspection of the target company by a professional and neutral inspector.It can usually be initiated by a shareholder's application and has the attributes of shareholders' right to know.Establishing the inspector system can enrich the shareholder's right to know system,solve the current problems of shareholders' right to know,and play a unique role in value.The third chapter of this article mainly introduces the legislative construction of the shareholder reviewer system in company law in different regions,and analyzes the legislative differences and system characteristics under different legal system backgrounds.The shareholder inspector system originated in the United Kingdom,but has been absorbed by many regional company laws,and has formed two models of civil law judicial appointment and common law administrative appointment.Although there are differences in legislative styles and detailed procedures,there are also many problems in practice,but their institutional values are convergent,that is,the supervision of external forces is used to safeguard the informed interests of shareholders and strengthen the company's external supervision.The fourth chapter of this article mainly discusses the feasibility of constructing the shareholder's right-to-know inspector system in China and the points to pay attention to in the process of system construction.To build a shareholder inspector system,a court-centric civil law system should be adopted to strengthen the protection of shareholders' right to know through judicial intervention in corporate governance.In the construction of the system,attention should be paid to the system conditions for initiating the inspector,the mode of appointment of the inspector,the scope of the inspector's inspection,the submission of the inspection report,the burden of the inspection cost,and the examination of the inspection report by the court.In addition,we should avoid copying the extraterritorial system and pay attention to the orderly connection with China's original legal system.