The Judicial Protection For Shareholders' Right To Profit Distribution

The distribution right is a fundamental right of shareholders,it is shareholders to request the After-tax profits based on the identity of shareholders,and it occupy the central position in the many shareholders rights.On the one hand,it is equity,The interests of the private,Inherent quality,legality;on the other hand,it is the most important,it has aproperty interest.not only it relationship to the benefit of shareholders investment,more related to the development prospect of the company.Based on the provisions of company law,shareholder request distribution of surplus must meet the requirements of the two:one is there are surplus,when the company's after-tax profits maked up for losses,forced to extract two gold,other is The shareholders' committee to make the dividend.But at fact,directors and controlling shareholders of Limited Liability Company don't be to distribute in order to get profit.Even,along with the controlling shareholders and big shareholders squeezing and pillage of rights and interests of small shareholders.End the internal relief fruit,small shareholders Request for judicial protection for the distribution.The following,the judicial protection of legitimacy for shareholders for the distribution on legal basis and surplus distribution system outside the law.Fully affirmed the judicial power of intervention,not only conducive to coordinate internal interests,but also to clean up the shackles of corporate governance and to guide the healthy for the long-term development of the company.Then,based on the related research of scholars the article discussed the fundamental of the litigation of our country forced surplus distribution architecture,in order to protect the forced surplus distribution,and To break the unfair harm among shareholders in limited liability companies,to realize the balance between judicial intervention and corporate autonomy?The relief measures to shareholders for the distribution are not detailed in the company law,on the one hand,the Methods indirect,unable to directly relief interests of surplus damage,on the other hand,Shareholders of interests is damaged must to passive exit,it's not common sense.these defects in the company law lead to the court can't depend on law,The court trial is In confusion.in April 2016,the supreme people's court promulgated the law judicial interpretation four(draft),it has detailed provisions for limited liability company profit distribution,affirms the limited liability company shareholders the right of requesting a court to force distribution of surplus in the absence of the shareholders' committee resolution,But there is still a shortage of detailed rules and the rules for the enforcement of surplus distributive litigation.It is hoped that there will be further improvement in judicial practice.