On Shareholder Inspection Right

Inspection right was established with the development of history of the protection for shareholder. Shareholder inspection right is the right to know and supervise the enterprise's managing situation and financial state of the situation. Shareholders consider the inspection right as the basic way of maximizing the profit and protecting their benefit of investment. Company Act was established in our country in 1993, and was modified in 2005. The Company Act modified expanded the inspection scope of shareholders, but as for the reality of judgment, legislation seems too simple and full of principle, incomprehensive, unspecific, and lacks clear rules to define the right as principal of inspection right, burden of proof and improper purpose, which makes the rules mentioned above lack maneuverability. In the practice of laws are in need of relative law system and judicial interpretation to perfect the protection of shareholder inspection right. According to the basic theory of inspection right, from subject, object and restriction of inspection right, the thesis excavates the inspection right's shortcomings in legislation and the puzzle in justice, to do something for perfecting the system of inspection right of our country.Part-1, general of shareholder inspection right. This part discusses the concept, significance and juridical foundation of shareholder inspection right from two aspects, origin and development of shareholder inspection right and the basic theory of shareholder inspection right. The main aim of this part is to establish theoretical base for correctly understanding shareholder inspection right.Part-2, the subject of shareholder inspection right. This part discusses right as principal and scope of inspection right. This part aims at solving the problem that who has the problems of inspection right. Generally speaking, shareholders have shareholder inspection right, but with the development of company system, way of holding shares, way of profit and the main scope related to the investment profit become diverse, using the identity of shareholder to restrict the inspection right cannot protect the right to know of some people related to share profits, as well as the right of business judgment and decision. To realize the value of shareholder inspection right, expanding the scope of inspection right subject properly has already become a necessary choice. The thesis discusses the problems of the inspection right of original shareholders, successor shareholders, dormant partner and contribution shareholders of capital.Part-3, the object of shareholder inspection right. This part discusses the objective scope of inspection right. The main aim is the group who has the inspection right. The object of shareholder inspection right is also called the scope of shareholder inspection right. From the angle of inspection objective content's composition, inspection right can be divided into documents organized by company, meeting documents and financial documents.Part-4, the restrict on shareholder inspection right. This part discusses the reasons of restricting the inspection right and the restricted forms of inspection right. The aim is to further understand inspection right so as to use inspection right rationally. The aim of establishing inspection right is to let shareholders know about the company's managing situation, so as to use the right of shareholders correctly to ensure the good development of company and the profit of shareholders. But because of the speculativeness, during using the inspection right, shareholders always pay attention to their benefit but not the benefit of the company. Therefore from the restriction on proper purpose, percentage of share, the restriction on time, restriction time, place, ways and times of business secret, the thesis discusses the restriction of inspection right in detail.Part-5, the present situation and the perfection of shareholder inspection right of our country. This part discusses the present situation and how to perfect the shareholder inspection right of our country. The aim is to put forward beneficial suggestions for inspection right in legislation and justice.