Research On The Right Of Shareholders’ Profit Distribution-In Accordance With The Provisions Of The Four Draft Of The Judicial Interpretation Of The Company Law

On April 12,2016,the Supreme People’s Court promulgated the Provisions on Several Issues Concerning the Application of the Company Law of the People’s Republic of China(4)(Draft for Soliciting Opinions).This is the inside of the provisions of Article 19 to Article 21 is mainly on the distribution of profits to make detailed provisions.This is the first time in the company law for profit distribution in detail.By consulting the legal database of Peking University,referring to the guiding cases of the courts at all levels,the classic case,reading the Supreme People’s Court Gazette,etc.,for the integration of the company’s profit distribution case case-finding problems,comparative law perspective domestic and foreign legal provisions and judicial Practice,by analyzing the remedies provided by law,the exercise of rights barriers and causes,this article is divided into five chapters on the shareholders of the profit distribution request to study:First of all,through two cases to ask questions,through the case to reflect the judicial practice reflects the court’s views and tendencies,put forward the current judicial practice to deal with the confusion;and then the profit distribution of shareholders the right to claim and the basic nature of the general On the interpretation of the relevant legal provisions,to determine the legal nature of the right to claim the right to profit-neither the right to expect nor is the right to claim,but a new right;then compare the comparative perspective to show the United States law,France law,the German law of the relevant legislative provisions,the purpose is to legislate through foreign legislation to enlighten our legislation,we must create a clear and have a certain operational referee criteria and standards,involving the mandatory distribution of dividends.The following is the highlight and focus of this paper.First of all,it points out the problems existing in the profit distribution request of shareholders in our country,including the judicial intervention criterion has not yet been established,the existing shareholders’ profit distribution system is insufficient in legislation,the judicial intervention is blurred and the amount of corporate surplus is difficult To determine the four major aspects,which is led to a large number of shareholders of China’s profit distribution disputes reasons.Finally,the paper discusses the improvement measures of the profit distribution right of the shareholders of our company,including the establishment of judicial intervention(judicial intervention in the company’s earnings dispute legitimacy and rationality),legislative perfection,judicial intervention should have a reasonable boundary to establish judicial intervention,Judicial practice to determine the amount of corporate surplus distribution.