Study On Shareholders' Information Right Of The Limited Liability Company

Shareholders' information right is fundamental for the exercise of other stock right,but it also embodies its unique characters and research significance.In the wake of new mode of corporate governance and the extensive capital investment and flow,shareholders cannot involve in the operation of corporate due to the separation of ownership and operation power.So to safeguard the special function of this right,this article aims to study the essential theory and practical use from the perspective of the limited liability company,and make a research on its legislation prospect.The first part introduces the basic theory of shareholders' information right,which includes its concept,nature,legislative value as well as the principles of regulations.And after the research and summary of the existing regulations on shareholders' information,we can see the problems and legislative future of it.The second part is about its subject.For the difficulties cropped up in the juridical practices,the subject of shareholders' information right is necessary to be researched from the qualification and its border of right scope,which can also lead to the rethink of the existing laws.The third part is about the content dimension,which includes inspection right,inquiry right and the right of appointing an inspector.These three rights can be analyzed from their right scope,execution and limitation.For instance,the inspection right can be analyzed from its objects,methods,copyright and the newly added right-entrusted agents;the inquiry right is studied from the comparison between limited liability company and joint-stock company and then gain a hint from foreign laws;the right of appointing an inspector is not included in our system of laws,but the advantage is so obvious that it would be a great progress if we add it into the laws of China.The forth part is the judicial relief for the exercise of information right.The judicial relief is also a reflection of the regulation of the effective law,when there comes out problems that both substantial law and procedural law cannot fix,then the perfecting the relevant law is on its badly need.So from the judicial procedure,prescription,burden of proof and the execution we can also list the imperfection of the law and stand out the essential nature and function of shareholders' information right.