On Perfection Of Adjudication Procedure Of Shareholder's Inspection Right In Limited Liability Company

The damage of the Inspection Right of minority shareholders is a major problem in the governance structure of limited companies in China.Due to the asymmetry of information,the small and medium-sized shareholders constantly oppressed by the large shareholders in the aspects such as investment decision,participation in management and even the dividends.The corruption which is spread continuously within the company adversely affects the healthy development of the company—a form of socio-economic organization,and sequentially adversely affects the healthy development of the whole society.As the solution of this problem,the domestic and foreign scholars have carried on much continues exploration and research,and have made a lot of research results especially in the aspects such as the Subject,the scope of Inspection and the Legitimate purpose.However the study on the Adjudication Procedure of Shareholder's Inspection Right is relatively inadequate.The Judicial remedy is the last remedy adopted by the shareholders when the private remedy fails.The perfection of adjudication procedure of shareholder's inspection right is the guarantee of the normal judicial relief.Study on the adjudication procedure of the shareholder's inspection right has a great significance to guarantee the realization of the shareholder's inspection right.Based on the exiting researches which have focused on the substantive studies,this paper focuses on the procedural issues of the shareholder's inspection rights,and puts forward the build of the supervision procedure,the pre-litigation procedure,the execution procedure and the statute of limitations.In addition to introduction,this article is divided into five chapters.The first chapter begins with the current legal norms,expounds the problems of the shareholder's inspection right which were existing in the judicial procedures.In the second chapter,the re-construction of the pre-procedure is raised on the basis of full demonstration which is focused on the scope of application of the pre-procedure.The third chapter focuses on theconstruction of the supervision procedure of the shareholder's inspection right of the limited company by the research method of normative analysis,and also puts forwards the means of convergence between the supervision procedure and the first-instance procedure.From the point of view of the realization of the shareholder's inspection right,the fourth chapter discusses the Copy Right,Agent and Liability that are exiting in the process of execution.The fifth chapter puts forward the legal construction of the limitation system of the Inspection Right on the basis of the legal analysis about the limitation and the basis of the empirical analysis about the limitation.