The Judicial Remedies For The Rights Of Minority Shareholders To Dividends Of The Limited Liability Company

Articles 14 and 15 of the Provisions on the Application of Certain Issues in the Company Law of the People’s Republic of China provide detailed provisions on the system of shareholders’ profit distribution claims.To a certain extent,it changed the passive status of the shareholders who exercised the right to distribute profits before the introduction of the pre-release,and demonstrated the concept and value of legal fairness and justice,but at the same time there are still certain defects.In view of this,this paper takes the claim of profit distribution of small and medium shareholders in limited liability company as the research object,and combines the relevant provisions of Articles 14 and 15 of Interpretation IV,starting from the objective situation and reasons for the damage of the profit distribution request of small and medium shareholders.Suggestions for improving the right to request the profit distribution of small and medium shareholders in China’s limited liability company.This paper studies the judicial remedy of the profit distribution request of small and medium-sized shareholders in China’s limited liability company from four aspects:First,it introduces the case and analyzes the institutional dilemma and realistic dilemma faced by the minority shareholders’profit distribution request right in China’s limited liability company,such as existence.The mechanism of loss of interest of small and medium-sized shareholders is passive,the ambiguity of legal liability of major shareholders in violation of the principle of profit distribution and the conservative involvement of judicial intervention,and the analysis of the impact of the new judicial interpretation on the shareholder’s profit distribution request.On the one hand,the new judicial interpretation refines the conditions for shareholders to exercise the right to request profit distribution;on the other hand,the relief measures still have certain limitations,which are manifested in the abuse of rights by shareholders;second,the theory of the right to distribute shareholders’ profits.The basic analysis is based on the concept,the principle of minimum legal intervention,the suitability of the shareholder’s profit distribution claim,and the necessity of judicial relief.Thirdly,it proposes targeted recommendations for unresolved issues,including prudently broadening the judiciary.Admission space,balance the judicial intervention point,improve the relief mechanism of shareholders’profit distribution rights,and establish the lawsuit of compulsory profit distribution.