Judicatory Intervention And Perfection Of Legislation Of Surplus Allotment

Surplus allotment the power be one of the basic power abilities of ownership of a share, is also a company the shareholder exercise property income of importance form, is at the position of core in the ownership of a share. But reality in, the surplus of not a few company allotment existence certain of confusion with problem. Its source not only lie in a shareholder want for business prestige, key still lie in current company law system to still can't be complete orientation modern company of development condition, concerning shareholder surplus allotment of a lot of problem still lack appropriate of rules and regulations, especially provision concerning relieve path severity imperfection, since disadvantageous at the surplus of the shareholder allotment claim power of protection, also disadvantageous farsighted at the company development.Just because of such, theories boundary to surplus allotment problem of research the article be not a few, also all think to the surplus of the shareholder allotment power should to protection, but basically be subjected to "judicatory careful intervention business judgment principle" of tie, put forward of protection the measure all fasten to passively cope with strategy, lay claim to of is very limited of intervention, namely the big and parts of standpoint think can rightness concrete allotment power can implement intervention. Because main current standpoint excessively consideration respect business decision, to surplus allotment power protection the measure rear one a negative and passive side of, and make so-called of protection could not reach appropriate of degree, careful enough to spare, effect shortage.The writer try to follow the following way of thinking research surplus allotment problem. First, surplus from the company allotment the substantial content of the power commence to announce to public a guarantee that an item the importance of right, to surplus allotment of classification carry on arguing Xi;Secondly fix attention on to manage the system arrangement of the mechanism at the company, check against abroad lawmaking example, study our country the company lawmaking success or failure gain and loss, clarified a company a surplus allotment of principle, condition and procedure, explicit company surplus allotment of corpus;Again, from analysis current main current the standpoint commence, research judicatory succour level of system arrangement, detailed describe to company surplus allotment carry on judicatory intervention of main current the blemish of the standpoint, publicize aggressive intervention measure of real results, study set up compulsive allotment it tell system of possibility, elaborate judicatory intervention of principle, condition, dimensions combine introduction some concrete intervention measure;End, to surplus allotment system of perfect put forward oneself of some understanding and suggestion. The full text aim at a surplus allotment power to manage mechanism and judicatory intervention system both side arrangement in the company of the contents all reveal judicatory aggressive active carry on intervention of situation, the special features of the full text lie in publicize to the surplus allotment power should to aggressive protection of subject, with practical guarantee shareholder of surplus allotment power.