Study On Judicial Relief Of Small And Medium Shareholders' Right To Claim Profit Distribution

On September 1,2017,the company law interpretation(iv)was officially implemented.Among them,the stipulation of compulsory distribution lawsuit is one of the highlights,which reflects that the supreme people's court of China actively thinks about the judicial practice and takes measures to break through,solve and improve the judicial dilemma of shareholders' right of claim for distribution.However,the judicial interpretation finally issued only confirms the claim of "specific right of claim for profit distribution",and largely limits the suitability of abstract right of claim for profit distribution.This provision still needs to be improved.Taking the limited liability company as an example,this paper probes into the judicial relief of the right of abstract profit distribution.This paper is divided into six chapters.The first chapter is the introduction,which summarizes the topic basis,research content,research methods and expected research results of this paper.The second chapter is an overview of the small and medium-sized shareholders' right of claim for profit distribution.The third chapter is the theoretical basis for the judicial relief of small and medium-sized shareholders' right to abstract profit distribution.The fourth chapter introduces the current situation of legislation in China,and analyzes the legislative deficiencies and judicial dilemma;Chapter five is the interpretation of the relevant judicial relief system in Britain and the United States.The sixth chapter is the idea and suggestion to supplement the judicial remedy of distribution claim in our country.It takes the lawsuit of compulsory distribution as the key point,the lawsuit of opposing shareholders' share repurchase,the lawsuit of judicial dissolution and the lawsuit of right to know as the four kinds of lawsuits coordinate with each other.From the perspective of "the protection of the interests of minority shareholders",this paper makes a relatively complete analysis and qualitative analysis of the distribution claim,and elaborates on it comprehensively through the theoretical discussion of the concept,nature,boundary,condition and purpose.Under the background that the judicial interpretation for the first time stipulates "the lawsuit of compulsory distribution",the author puts forward some Suggestions to further improve the lawsuit of compulsory distribution,including: pre-procedure;The specific provisions of the procedure in litigation,such as the distribution of the burden of proof by both parties and the determination of the mandatory distribution amount;The effectiveness of litigation decisions.At the same time,drawing on the rich experience of Britain and the United States,we seek for other relief methods other than compulsory distribution to effectively and thoroughly protect the interests of minority shareholders.