Research On The Shareholder Inspection Right System

With the development of economy and the complexity of business environment,the modern corporate governance structure shows the trend of separation between ownership and control.The separation between these two rights makes the corporate governance more professional,but also makes it difficult for shareholders to master the company and exercise the shareholders' rights.Therefore,shareholders' inspection right comes into being.Nowadays,most countries had widely recognized shareholders' inspection right,which gives shareholders the right to access to the company's business information by inspect the company's documents,and had different provisions on the specific content of shareholders' inspection right.Due to the short history of company law in China,there are many imperfections in the system of shareholders' inspection right,which can not meet the needs of the complex business environment,and balance the conflicts of interest between shareholders and companies.Due to various reasons such as legislative concept and legislative background,the system focus of shareholders' information right is not the same in each region,so shareholders' inspection right occupies a different position in the legislation of each region.Shareholders' information right of American company law centers on the inspection right,while Japanese company law adheres to the legislative concept of clear rules,which is also relatively detailed for the construction of shareholders' inspection right,both of which have certain reference value for China.This paper will study the system of shareholders' inspection right,and compare the construction of the system of shareholders' inspection right in the United States and Japan,analyze the shortcomings of the system of shareholders' inspection right in China and put forward suggestions for improvement.This paper is divided into the following four parts:The first part is about the basic theory of shareholders' right of access.This part studies the basic theory and concept of the right of access,analyzes the necessity of protecting the right of access,and analyzes the conflict of interest behind shareholders' inspection right.The second part is a comparative study of the system of shareholders' inspection right.This part will study the construction of the system of shareholders' inspection right in some regions,and study the rule of the system of shareholders' inspection right in Delaware company law and Japanese company law in detail.The third part is about the study of shareholders' inspection right in Chinese company law.This part will study the specific provisions on the shareholders' inspection right in China and analyze the internal element of the provisions.Through sorting out and analyzing the Adjudication Cases in practice to find out the main question in the dispute of shareholders' inspection right in China.The fourth part is about the thinking and suggestions for our country's shareholders' inspection right system.This part will consider the main problems in our country's inspection right system,and refer to the shareholders' inspection system in the Delaware company law and Japanese company law to make suggestions for our country to improve the shareholders' inspection right system.