Mandatory Surplus Distribution Lawsuit Theory Research

Surplus distribution is one of the purposes of shareholder investment,which is almost the only way to get investment returns,especially for the minority shareholders who don't grasp the power.According to the relevant provisions of the company law,surplus distribution must be approved by shareholders'resolution,besides qualifying the surplus distribution conditions.In other words, surplus distribution is only an expecting right for the shareholders,without the shareholders' resolution.In practice, majority shareholders who control the power of company,make their profits through the way of excessively extracting aleatoric accumulation fund or giving executives massive bonuses,which damage the profits of minority shareholders.Meanwhile,as the company daily decision-making, Courts usually don't interfere in surplus distribution,which make minority shareholders nowhere for help. In order to protect minority shareholders' right,the public power is obliged to give appropriate intervention to surplus distribution.The most effective way is mandatory surplus distribution lawsuit.This paper will explore an effective way to protect minority shareholders' right of surplus distribution from aspects as follows:the cause,the worth,the properties,the practice,the feasibility,the litigation procedure,and the judge of mandatory surplus distribution lawsuit.