Research On The Identification Of Improper Purpose Of Shareholders' Right To Inspect Accounts

Among all the forms of economic organization,the company accords with the social and economic development.In the meantime,it is also the most effective way to promote the progress of society.Therefore,to ensure the efficient operation of the company is of great necessarities.The company is substantially an integration of different interests of all parties.And there are bound to have varities of different conflicts within the company.The company designs interior authorities to govern itself and eliminate conflicts.The written law is by defining the boudaries of right to resovle the congflict of interests.The exertion of shareholders' inspection right on books is the precondition of sharehold's other rights' s realization.It is the most effective means to collect the information which is needed to fulfil rights.For example,litigious right,the voting right and the usufruct right.Next,as s inherent right,it cannot be deprived without sharehold's consent.This shows that inspection right is very important for shareholders to realize lawful rights.It also shows inspection right can promote company's resource allocation and opitimize management structure.It is not impossible for shareholders to abuse the right.Therefore,the exertion of inspection right contains the natural danger of company's internal trade secrets and informationbeing disclosed.Ispection right is the legitimacy source of judicial intervention to company's independent governance.However,judicial intervation is ultimately external intervation.Judicial activities have their own priciples and methods of execution,etc.If the judicial intervention is appropriate,it will promote the development of the company and protect the rights of shareholders.But if the limit is exceeded or the way of intervention is not appropriate,it will have a negative effect on the development of the company.Therefore,the company law gives the company the right to refuse the exercise of shareholders' inspection right under certain circumstances.The judicial interpretation of company law issued in 2017 reverse-listed four specific situations in which shareholders have improper purposes.But this article not only arouses discussion in the academic circle,but also appears the phenomenon of "same case and different judgment" in the specific application of judicial practice.I aim at analyzing and sorting out the remaining problems and difficulties in the identification of improper purposes for shareholders' request to inspect accounting books in the domestic judicial practice after the publication of judicial interpretation of company law.And i want to find ways to improve the operability and applicability of this article.The excessive expansion of shareholders' right to inspect the books will cause the abuse of shareholders' right,which will damage the development of the company,so it needs to be restricted.The full exercise of the right to consult the books of shareholders is the premise of other property rights and identity rights of shareholders,so it needs to be guaranteed.Therefore,i believe that it is necessary to find the best balance between the two poles of the right,and combine the positive and negative identification of the proper purpose to achieve the purpose.Combining with the practice of judges and the views of scholars,i put forward some suggestions in order to build a more perfect legal system framework for the right of inspection,so as to protect the development of shareholders,companies and social economy.