Perfect The Shareholders’ Inquiry Right

In the modern business corporate system, investors and shareholders were excluded outside of the company’s management, the company’s day-to-day operation and management rights transfer and commissioned by authorized directors and its senior management staff. Although the law gives shareholders numerous rights supervision to managers, but in fact still reach no effective control of the company. The company’s day-to-day decisions were made by company directors, managers and other managers. The shareholders own money to pay for others to use, naturally leads to the shareholders don’t trust managers, shareholders through a variety of means to achieve regulatory managers.Although the shareholders through the medium of the shareholders’meeting to constrain managers, but the limited number of shareholders’meeting combined Shareholders is known little about the day-to-day operations of the company, can’t be in the shareholders’meeting on the final resolution of the proper exercise of the right to vote,at general meeting majority of all shareholders unanimously adopted by consensus rather than by the general meeting a resolution on behalf of the controlling shareholder or the largest shareholder interests, and their interests of minority shareholders get no respect. In the company before2006under the legal system, the legal means of relief to their rights and interests of minority shareholders is very limited; increase or amend a series of system to protect the interests of minority shareholders after the promulgation of the new Companies Act, the cumulative voting system, the shares of dissenting shareholders appraisal right system, the shareholders’right to information systems, minority shareholder rights, the system of shares "equal" to" Equity substantive equality "towards a new step.The establishment of shareholders ’inquiry right have come into being, the inquiry right of shareholders as one of the shareholder’s information right, especially to operators of small and medium shareholders based on contribution entitled to become the owner of the company-directors and management staff asked with matters related to the business of the company and the right to challenge the company’s operators are required to truthfully inform and make explanations obligations. However, it has been the rights of minority shareholders by managers and large shareholders ruthless disregard, the minority shareholders interests ideal restricted everywhere hope that through their own meager investment. To this end, Chinese current Companies Act (2005) Article98, Article151of the inquiry the right of shareholders to make a brief provisions, this provision, however, is just a drop in the bucket for the whole system of the inquiry right, how to exercise inquiry practice shareholders the rights will not achieve the appropriate guidance and normative role. How proper exercise of the inquiry right for shareholders, but also requires the co-ordination of related systems, two simply can’t be achieved right from ought to actual provisions in the law bars only.This paper is divided into four parts:the first part is an overview of the shareholder inquiry right, introduces shareholders’inquiry the right connotation, and shareholders’ inspection rights and the information right comparison shareholders ’inquiry the right concept, analysis shareholders’inquiry the right functionality and summarize shareholder’inquiry right the characteristics, the reasonable basis clarify shareholders’inquiry the right to exist, as well as its role of protecting the interests of minority shareholders, on the basis of analysis of shareholders’inquiry the right to exercise should follow the basic principles of requirements The second part of the provisions of the relevant legislation of our country on the inquiry the right of the shareholders to provisions of law inherent lag impossible to determine any system perfect. Although the Companies Act of2005modified the question the right98and151involved in all aspects of the inquiry right of the subject of rights and obligations of the object, and the power of the right to inquiry, how to exercise, the relief program, but specific exist defects, so the inquiry to the difficulties in judicial practice A reasonable system only applied to the reality of the society in order to achieve the original intention of the legislator, this system exists no practical significance. The third part through the introduction of foreign the right of the relevant provisions of extraterritorial legislative system and the legislative experience of success through the research inquiry right system in providing valuable experience, learn the right system for our question. The fourth part to make a few suggestions on improving the rights of our shareholders’inquiry:mainly include a clear description of the main body and the main obligations appropriate to expand the scope of the right to inquiry the right of shareholders and reasonable design question right exercise program, to broaden the inquiry the right to legal remedies to increase mandatory consultation of v. revoked v. specification and compensation for Damages againstThis paper tightly around the shareholder’inquiry right theoretical background and based on our legislative requirements, focuses on its legislation to require the presence of defects and deficiencies, and rationalization proposals based on the defects and deficiencies. I hope through the reading of this article can lead readers to shareholders’inquiry right legal system and make a greater contribution to research in this area.