Typological Research On Shareholders' Right To Inspect

Our country's lawsuit system of shareholders' right to know, lining from the right of shareholders to the company, from the proceedings to entities that more or less has some omissions and errors on the regulation.Based on the empirical research method, and connecting with the typed guidance, we collect samples on a large scale of quantitative analysis to test the running effect of this lawsuit system in practice.The text consists of four chapters.The first chapter is “general” part of the empirical research in this paper.This chapter discusses how to make a case study with typological method. There are four steps : firstly,using the scientific method to choose samples;secondly, setting variables that are for the empirical research of law and classifying them;thirdly,establishing a database of SPSS;lastly,choosing the mathematical analysis methods. And through using the examples,we demonstrate the operation and function of each method.The second chapter analyses the shareholders,as the plaintiff, with the typological method.From the angle of quantitative, we summarize the characteristics of shareholders with different types, percentages of the capital and whether taking office as directors, supervisors, or senior management persons of the accused company.And we also summarize the characteristics of shareholders' cause of action. We reveal the different understanding between academic theory and judicial practice when it comes to the file scope.The third chapter analyses the company,as the respondent, with typological method.From the angle of quantitative, we summarize the characteristics of company with different types or registered capital.This paper also introduces the method of make up for the law loopholes from the judges' view.And we also discuss whether the shareholder can pass-through the parent company or not.The respondents' pleas are also included to study.The fourth chapter, separately from the judicial procedural variables, prepositional procedure and the burden of proof allocation, examines the judges' points of view to each of the question.Then,we summarize a sophisticated solution of improper motive problem from the judge.