Research On Legal Protection Of Shareholder’s Right Of Claim For Profit Distribution In Limited Company

With the rapid development of China’s social economy and the continuous improvement of the business environment,more and more investors have invested in companies to become shareholders.The ultimate goal of a shareholder investment company is to obtain income,and the profit distribution right is the core of all rights of shareholders.Whether the profits obtained by the company after the profit is distributed and the amount of distribution should be more or less belong to the scope of corporate autonomy,and should be decided by the shareholders meeting rather than the individual shareholders.However,the controlling shareholder often abuses the principle of capital majority and the principle of corporate autonomy,and suppresses the shareholder’s profit distribution request by controlling the shareholders’ meeting without any or less points.At present,China’s "Company Law" provides relevant remedies for the shareholders’ profit distribution claims,such as the shareholder repurchase system of dissident shareholders,the invalidity and cancellation system of the shareholders’ meeting,and the equity transfer system.Most of them are indirect remedies,not only The pertinence is not strong,and there are certain limitations,it is difficult to effectively protect the shareholder’s profit distribution request right.In judicial practice,the judiciary also places too much emphasis on corporate autonomy and business judgment rules,and excludes profit distribution disputes involving shareholders when the company has not yet made a profit distribution resolution.The shortcomings in the legislation and the lack of judicial protection have caused the small and medium-sized shareholders of the company to fall into a difficult situation in the face of the controlling shareholder’s infringement of the profit distribution request.Based on this,this paper examines the related systems of the protection of shareholders’ profit distribution claims in the typical countries of the Anglo-American legal system and the civil law system,and points out the necessity of judicialintervention.Next,on the basis of the previous discussion,the article puts forward the suggestions for improving the protection of shareholders’ profit distribution claims of China’s limited company,focusing on the system construction of the compulsory dividend distribution,and proposing other related perfect measures.The protection of shareholder’s profit distribution claims is beneficial.