| the separation of management right and ownership in the corporate governance structure results in most shareholders not directly participating in the management of the company.Shareholders are the owners of the company and the ultimate undertaker of the operation effect,but they cannot accurately and timely understand the operation status of the company for a long time due to information asymmetry.How to balance the interest relationship between the operator and the owner in the corporate governance,how to balance the interests of the shareholders,especially the minority shareholders who are in a weak position,without excessive interference in the production and operation of the company,and how to effectively protect the interests of the shareholders,has long been a difficult problem.In order to solve this problem,most of the other countries and regions of the two law systems give shareholders the right to know and supervise the operation,management and business execution of the company.In addition,in order to supervise the legality of the management’s operation,a perfect internal and external supervision system is established.According to the national conditions and legal background,the system design made abroad for the protection of shareholders’ rights guarantees the realization of shareholders’ rights to a great extent.In particular,the examination of the right to request for appointment system not only enables the shareholders’ right to know and other rights to be truly realized,but also enables the protection of the company’s trade secrets,effectively balancing the interests of the company’s operators and owners,as well as efficiency and fairness.However,the company law system in our country lacks the provisions on the right of inspection.However,there is a lack of guarantee system for the rights of shareholders in China.Therefore,this paper will focus on the construction of the system of the right to inspect candidates,and compare and analyze the characteristics of the system of the right to inspect candidates from the aspects of the mode of examination,the conditions of selection,the qualification of shareholders applying for selection and the procedure of inspectors.Combined with the actual problems encountered in the protection of shareholders’ rights in China,this paper analyzes and examines the important role of the system of the right to request for appointment in ensuring the realization of shareholders’ right to know and making up for the lack of internal supervision caused by the lack of independence of the board of supervisors and independentdirectors in corporate governance.This paper discusses the necessity and feasibility of introducing,absorbing,drawing lessons from and establishing the company to inspect the right of request for appointment.Finally,combining with the analysis of the right of request for appointment in the two legal systems,this paper puts forward some reasonable Suggestions for the establishment of the right of request for appointment in China. |
