Legal Study Of The Shareholders' Inquiry Right

With the development of market economy, stock limited company has gradually become the enterprise's organization form. But 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, the Chinese Company Law. has a general provide in article 98 and article 151,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 judicial organization is processing correlation case frequently.This article is divided into four chapters. The first section introduces the inquiry right's connotation, extension and function, and then discusses the inquiry right's theory basic. The second section introduces the foreign legislative provisions, mainly analyses the continental law system and Anglo-American legal system by contrast. The third section analyses the national correlative stipulations about the inquiry's right, existing defects on inquiry right's interest field, exercise program and legal procedure. The forth section consummates our shareholders'inquiry right by contrast. The paper considers that expands the inquiry right's interest field, clears the inquiry right's explanation obligation, and designs scientifically the inquiry right's legal procedure. When the inquiry right's constantly damaged, have four relief forms.