论股东查阅权的行使法律专业论文.docx

1 1 2 2 Abstract Shareholders inspection right as the most frequently exercised specific right to know in practice stands a foundational position in the shareholder rights system. The effective exercise of shareholders inspection right is the basis and premise of other rights of shareholders. Chinas Company Law makes the provisions on shareholder’s inspection right, but legislation is not perfect and too principle and simple when we face the judicial reality, so it leads to many disputes in the practical exercise of the shareholders inspection right. This paper combines the case which regards the related disputes between Lotus Hill of Fanyu Paper Ltd of Guangzhou and Yongye Property Management Ltd of Guangzhou in the appeal as the research object with the relevant theoretical knowledge to analyze. Based on the urgent demand in reality and the shortage of current law, this paper tries to analyze the disputes in the exercise of shareholders inspection right and provides useful suggestions for our current and future construction of shareholders inquiry rights system. In addition to the introduction and conclusion, the paper consists of five parts: The first part introduces the appeal case, the disputes of the shareholders right to inquire between Guangzhou Fanyu Lotus Hill Paper Ltd. and Guangzhou Yongye Property Management Ltd, and the dispute focuses are summed up. The second part gives the analysis of the qualification of the cases new shareholders right to inspect. Firstly, it introduces the qualification of shareholders right to inquire from the provisions of different countries. Moreover, the new shareholder in the case is identified to have the right of inspecting the companys data before he becomes the companys shareholder. The third part analyzes the controversy in the scope of the object of the exercise of shareholders inspection right .It mainly manifests as the dispute of the rights of companys shareholders to inspect the company accounting vouchers and