On The Reference Of The System Of Inspection And Appointment In The Exercise Of Shareholders’ Right To Information In China

With the separation of ownership and management,shareholders’ right to know has become an important right for shareholders to understand the operation of the company.Only through the realization of the right to know can shareholders more effectively exercise the rights of other shareholders including voting rights.Throughout the legislative cases of various countries,shareholders’ right to know generally includes the right to consult,the right to inquire,the right to receive information,and the right to ask for the right to inspect candidates.At present,China has made some provisions on the first three rights,but only in the "interpretation of the company law" about the right to inspect candidates.As for the design of the appointment system of inspection personnel in foreign countries,they should comply with their own national conditions and legal background,which not only ensures the rights of shareholders,but also reduces the operating cost of the company and improves the overall efficiency and fairness of the society.This paper aims to discuss the existing system and problems of shareholders’ right to know,and put forward the idea of drawing lessons from the appointment system of foreign inspection personnel.Since the company law to explain the four "promulgated,the protection of shareholders’ right to know,but given the interests between shareholders and company in the process of economic development always is in a state of fluctuation,company supervision and become a mere formality and the reasons of the lack of external restriction mechanism and system problem,so is still a large number of existing shareholders’ right to know the exercise in the judicial practice difficult phenomenon.However,since neither the passive nor active right to know can solve the problem of difficult implementation of shareholders’ right to know,it is necessary to learn from a third-party system that has been effectively implemented and achieved remarkable results outside China,namely the system of appointment of inspection personnel.And then through the discussion of the different legal system of the inspection candidate appointment system and the comparison with the existing system in the region to draw lessons from the necessity and feasibility,and combined with China’s existing company law system framework to put forward specific recommendations,so as to put forward the foreign inspection candidateappointment system for reference.