Judicial Relief For Shareholders' Abstract Profit Distribution Claim

The so-called shareholder profit distribution claim right refers to the shareholder's right to contribute to the company by investing capital as the ultimate purpose,and share the company's profit when the company completes the profit growth.The judicial interpretation of the company law refers to the distribution of such companies as “shareholders' profit distribution”,and the disputes arising from such claims in the “Civil Case Cases” issued by the Supreme People's Court are called “company surplus distribution disputes”.Some studies on related issues in the academic circles refer to it as the company's surplus distribution request right and dividend distribution claim right,and some call it the surplus distribution request right,but most of them call it the shareholder profit distribution request right.The so-called concrete and abstract divisions are made by scholars based on the different basic rights attached to the shareholder's profit distribution claim.The specific profit distribution claim right refers to a claim for claims made by the shareholders on the basis of the shareholder's dividend resolution.The abstract profit distribution claim right refers to the basis of the claim right that the shareholders have not made the dividend resolution,but the shareholder has an uncertain credit right to the company when other dividend conditions have been met.The shareholder's profit distribution claim is an important right enjoyed by the company's shareholders.The shareholders' other rights are basically based on this right.However,in reality,this right of shareholders is often frustrated,the most prominent It is the realization of the shareholder's abstract profit distribution request right.In September 2017,the Supreme People's Court's Provisions on the Application of Certain Issues in the Company Law of the People's Republic of China(IV)was announced,and China's shareholder's abstract profit distribution claim for the abuse of shareholders' rights caused the company's non-distribution of profits was affirmed.The protection of the company's shareholder rights is nothing more than a good one.However,even if the interpretation is so,through the case analysis,it can be seen that the rights of shareholders in judicial practice have not been effectively relieved.The main reason is that there is no operational judgment on the review of such “abuse of rights”.This paper mainly uses empirical analysis and comparative analysis to study the judicial relief dilemma of China's shareholders' abstract profit distribution request right and the way of solving the judicial relief dilemma.After comparative analysis,the “reasonable expectation principle” outside the domain is most compatible with the current situation in China,and the improvement of one series of supporting procedures will have a multiplier effect on the judicial relief of the shareholders' abstract profit distribution claim right.