Research On The Legal Issues Of The Request Right Of Shareholders To Force Thedistribution Of Surplus

The right to earnings distribution is one of the basic power of the equity, but also an important form of the company's shareholders to exercise the assets income.It can represent the fundamental core-interests of the shareholders. However, in reality, the controlling shareholder does not or less allocate the company's surplus distribution,by the "capital majority rule" principle,thereby damaging the interests of some shareholders. In the domestic academic theory and judicial practice, It is generally believed that the company decided to distribute the profits, how much profit is allocated to the company's business judgment, In this context. by the method of historical research, comparative research, legal research, case research, attempt through its mandatory to analysis deficiencies and to puts forward some suggestions in order to improve the legal environment of the distribution of the surplus of the company in our country. First of all, it defines the concept of the right of the shareholder, and points out the existence value of the system. Secondly, summed up the domestic judicial status of the system and the advanced experience of foreign countries,by the judicial practice of China, the United States, Britain, France and Germany. Thirdly, points out the necessity and possibility of establishing this system, through domestic judicial practice and the disputes complaints of the shareholder's information right, to confirm the effectiveness or revoke corporate resolution, of the shareholder earnings distribution, request the company to purchase shares, the company dissolution, damage to the interests of shareholders,.Finally, in follows the basic principles of capital maintenance and equality of shareholders, Author in this paper design legal entity in the premise, scope and degree of force and design legal proceedings in territorial jurisdiction,the parties, the burden of proof to realize the specific system design of the request right of the shareholders to force the surplus distribution.