Study On The Judicial Relief Of The Abstract Earnings Distribution Rights Of Shareholders Of Limited Liability Companies

Earnings distribution disputes not only have a long history,but also have been a headache for shareholders and judges.As the specific disputes of earnings distribution right can refer to the disputes of creditor’s rights,it is not a difficult problem for the court.But for the company does not hold a meeting of shareholders of earnings distribution,and the case of infringement of shareholders’ Abstract earnings distribution rights is relatively difficult.This paper takes shareholders’ Abstract earnings distribution rights as the research object.Earnings distribution is the direct purpose of shareholders’ investment.In the current Company Law of China,the company has the right to decide on its own.Whether the plan or the proportion,the company has the right to make decisions according to its judgment.But in many companies,the actual dominator of this right is the major shareholder.Major shareholders are reluctant to distribute earnings for various reasons,such as expanding their operations,reducing taxes brought about by dividends,and monopolizing companies.As a result,many companies refuse to distribute earnings in various ways.There are different opinions on the justification of judicial intervention in surplus distribution.Judicial Interpretation IV has made a series of provisions on the confusion caused by the disputes over the distribution of company profits in judicial practice.Especially the interpretation of Article 14 provides legal basis for the remedy of small and medium shareholders whose rights of abstract earnings distribution have been infringed.For the first time,it clarifies the legality and conditions of judicial intervention in the compulsory surplus distribution of companies,which can be said to be a highlight of this judicial interpretation.The promulgation of the provisions makes the court no longer attach too much importance to procedural conditions examination when accepting disputes over abstract surplus distribution,thus ignoring the status of substantive protection.However,compared with the judicial remedy system of surplus distribution which has been applied for a long time abroad,the judicial remedy system of surplus distribution right in China is still young and conservative.Especially for shareholders who abuse their rights and infringe on abstract earnings distribution rights,the relief provisions are introduced for the first time.When confronted with the contradiction between commercial autonomy,the principle of benefit priority and the goal of judicial intervention in fair maintenance,Interpretation IV still has the situation of avoiding the priority and neglecting the priority.For example,explaining that shareholders abuse their rights as the premise of abstract earnings distribution rights litigation,but for what is "abuse of rights" is only a few numbers,lack of operational principles or circumstances to guide.After the judge’s judicial intervention in compulsory distribution,how to decide,the degree of judicial intervention is not mentioned,so that in judicial practice,different judges make different types of judgments.It’s a pity to see that.This paper takes limited liability company as the research object,refers to the academic contention on the justification of judicial intervention in earnings distribution,inquires into the judicial cases related to the disputes over earnings distribution on the magic weapon of Peking University,analyses the shortcomings of the existing relief methods in China,and probes into the legal principle of corporate earnings,the theoretical basis of relief and the causes and types of disputes.In the third part,it introduces the experience of foreign system,and in the fourth chapter,it provides some suggestions for improving the abstract earnings distribution relief system on the basis of the above research and analysis.