Corporation Shareholders To Question The Right To Study

With the need of perfect company governance and legal protection to company shareholders' rights, this thesis researches the core parts of the problems of inquiry right enjoied by the shareholders in a company limited by shares. These parts include the subjects of inquiry right , the items that shareholders have the right to inquiry, the items prohibited to inquiry, and the remedial measures. Except the introduction, this thesis mainly includes six sections.The first section studies the range of subjects of inquiry right. The author proofs that the shareholders may inquiry individually and the shareholders without voting right also have the right to inquiry to the board of directors and the board of supervisors at a general meeting. In addition,the author studies the inquiry right problem when the stocks are mortgaged.The second section studies the range of whom bear the duty to reply shareholders' inquiries. On the base of comparative study on the law patterns of Germany , France and Japan, the section considers the duty subjects in China be the board of directors and the board of supervisors.The third section is the emphasis of the thesis. The author studies the legal principle bases of shareholder's inquiry right first. They include the right of acquiring information from the company and supervising right. And on the basis of this, he proofs that shareholders have the right to inquiry the items relevant to the matters under discussion at a general meeting, and the items relevant to supervising the company's operation. The scope of these items is decided by the balance between the company efficiency and the increasing shareholder participation in company governance. This section makes a detailed research on the matters inquiried by shareholders at a general meeting, and makes proposals in respect of the perfection of Chinese Company Law.The fouth section studies the items which shareholders are forbidden to inquiry on the comparison of Germany Stock Company Law and Japan Business Law.The fifth section studies the two remedial measures when a shareholder's inquiry right is not realized.At the end, the thesis concludes that China shall improve the legislation of shareholders' inquiry right to ensure the shareholder's inquiry effectively at a general meeting.