On The Judicial Relief Of The Right Of Claim For Profit Distribution

The shareholders of the company put their own property into the company,then lost the right to control the property,and obtained the company’s equity.The most important right in equity is the right to distribute profits from the company.In practice,although the company has a good profit,it often abuses the rights of shareholders to seek personal gains and does not distribute profits to shareholders.Although our country law not allocate profit for company,there are some remedies such as relief,shareholder buyback of appeal in advance,equity transfer,the shareholders’ committee resolution was invalid,cancel the suit,but these remedies have some defects,can’t protect shareholders well profit allocation right of claim,therefore,in December 2016 through the four company law judicial interpretation of the supreme people’s court,in actively explore to improve the distribution of profits to the shareholders the judicial relief,but for these laws and regulations in practice the actual operation there are still insufficient,only perfect the problems on these details,Only then can let the judge have the rule to follow in the actual operation,the better safeguard shareholder’s profit distribution rightThe author through the norm analysis,comparative analysis and legal methods of empirical analysis,profit distribution to the shareholders of the judicial relief for problems for interpretation and analysis,with reference to outside research on profit distribution right litigation and protect,to draw lessons from and reflection,the supreme people’s court on profit distribution in the company law judicial interpretation four in-depth analysis and interpretation of right action,thus their immature Suggestions are put forward.This paper consists of four parts:introduction,text,conclusion and references.In the introduction part,the author can see the necessity of judicial relief for the right to profit distribution from the frequent abuse of rights by large shareholders and the squeeze of small and medium shareholders in the current stage of the company.In addition to the deficiencies of other relief methods in China,it is imperative to improve the legal provisions for judicial relief for the right to profit distribution.Body part is divided into four chapters,the first chapter first has carried on the outline to the profit distribution right of claim,the second chapter analyzes the profit distribution right of claim,the necessity of judicial relief as well as the academic circles at present stage of company autonomy border dispute,the third chapter in-depth interpretation and analysis of the company law judicial interpretation 4 stipulation about profit allocation for litigation,the fourth chapter is to the provisions in the light of some problems and Suggestions of analysis.